This Constitutional Petition has been preferred by the petitioner Imran Hussain S/O Muzaffar Hussain to challenge the action of respondent whereby his name was placed on the ECL (Exist Control List) in the year 2000. Mr. Anwar Mansoor Khan learned counsel for petitioner submits that the petitioner was one of the Directors of DANNEMANN FABRICS LIMITED against whom some loan liabilities of financial institutions were outstanding. In this regard J. M. No. 182/1996 was preferred against the said company wherein vide order dated 11.9.1998 the company was ordered to be wound up and the Official Assignee of Karachi was appointed as Official Liquidator for this purpose. In view of such development all the assets  of the said company were taken over by the official liquidator and subsequently the sale proceeds were disbursed amongst the creditors of the company. He further submits that in so far as the petitioner is concerned he is never held personally liabile in respect of any financial institution but his name was placed on the ECL on the directions of State Bank of Pakistan as apparent from the para wise comments submitted on behalf of the respondent No. 1. He submits that during the intervening period from the year 2000 the petitioner has travelled abroad 19 times and has returned back and in such circumstances the alleged order of placing the name of the petitioner on ECL has not seen the light of the day. There seems to be no justification for retaining the name of the petitioner on the ECL and the same is in violation of the fundamental right guaranteed by the Constitution relating to freedom of movement. In support of the submissions learned counsel has made a reference of the order of this court dated 24.1.2007 in C.P. No. D-2289/2006 wherein the learned Division Bench of this court while allowing the petition for removal of the name of the petitioner from ECL has observed as under:-

       Mr. Mehmood Alam Rizvi learned Standing Counsel did not dispute that along with the comments submitted on behalf of respondent NO. 1, no reference of any order of the authority for retaining the name of the petitioner on ECL has been filed or even the date has been disclosed but only this much has been stated that such exercise was undertaken by the Federal Government at the instance and directives of State Bank of Pakistan.

We have perused the case referred and seen that not a single document has been filed by the respondent to show that what was the correspondence or the communication made by the State Bank of Pakistan with the Ministry of Export to justify the action on their part for retaining the name of the petitioner on ECL and that too as back as in the year 2000 and since thereafter this issue affecting liberty of movement of the petitioner is unattended. This being the position we find that the petitioner is entitled for the relief prayed in this petition in terms that respondent should be directed to remove his name from the Exist Control List and allow him to travel abroad whenever he desires but strictly in accordance with the relevant law of the land. We accordingly pass such order and dispose off the same as such.