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2001 SCMR 1760

BABAR KHAN GHORI vs FEDERATION OF PAKISTAN through Secretary, Ministry

Citation2001 SCMR 1760
CourtSupreme Court of Pakistan
Case No.Constitutional Petition No,D-251 of 1999 Civil Petition for Leave to Appeal
Date2000-07-10
Judge(s)Javaid Iqbal, Rana Bhagwan Das
ResultLeave granted

ORDER

RANA BHAGWAN DAS, J.---It is inter alia contended that unbridled and unfettered discretion has been conferred upon the Executive for placing name of any person on Exit Control List under the provisions of Exit from Pakistan (Control) Ordinance, 1981 (hereinafter referred to as the Ordinance).

It is urged that no criteria or law for the exercise of discretion in general public interest has been laid down in The Ordinance. It is further added that the provisions of the Ordinance have been grossly abused from time to time by the Executive inasmuch as a person affected by the action is invariably condemned unheard without a prior show-cause notice. Although, the learned High Court has referred the case of Miss Naveed Khan v. Government of Pakistan (PLD 1997 Karachi 513) vires of the Ordinance and the aforesaid contentions have not been adverted to in details.

2. We are, therefore, inclined to grant leave to appeal to examine the abovesaid contentions and other related questions of law.

3. Let notice be also issued to Deputy Attorney-General at the time of hearing of the appeal.

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