Through the instant writ petition, Muhamm ad Ibrahim Khosa and Mehmood Yasee n Zahid (petitioners) have made the following prayer: "In view of above, it is respectfully prayed that this petition may kindly be graced with acceptance and the respondents may very kindly be directed to remove the name of the petitioners from Exit Control List (Black List) as soon as possible so that the petitioners be able to move abroad for performing Umrah with their families, which is his religious obligation/duty and fundamental right.
Any other relief to which this Hon'ble Court deemed fit, appropriate may also granted to petitioners."
2. The brief facts, which led to the filing of instant petition are to the effect that petitioners were arrayed as accused in NAB Reference No. 50 of 2016 and after trial were acquitted by the Accountability Court vide judgment dated 24.11.2015. During pendency of proceedings before NAB, the names of petition ers were placed in Exit Control List/Black list. According to the grievance voiced herein, though the petitioners have been acquitted from the aforesaid Accountability Reference but their names have not been removed from the Exit Control List.
3. No scholarly discussion is needed on the point that if a person is not required in any criminal case, his name cannot be placed in Exit Control List/Black list. Similarly , movement of an individual can only be curtailed in consonance with express provision of law. After having attained acquittal from the Accountability Court, there is no occasion to place the names of petitioners in Exit Control List/Black list. Even during arguments, learned Law Officer could not point out any circumstance so as to justify the placing of petitioners' names in Exit Control List/Black list. It is further observed that one Muhammad Iqbal Malik, who was also implicated along with the petitioners as accused in the aforementioned Reference, approached this Court through Writ Petition No. 1190/2020 with similar grievance and his name was ordered to be removed from the Exit Control List/Black list.
Even after careful examination of record, we have not come across any distinguishing feature between the case of petitioners and of Muhammad Iqbal Malik.
4. In the said circumstances, we allow the instant writ petition and direct Respondent No. 3 to remove the name of petitioners from Exit Control List/Black list