ORDER SHEET
IN
THE HIGH COURT OF SINDH, KARACHI
C.P.
No.D-2144 of 2013
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DATE ORDER
WITH SIGNATURE(S) OF JUDGE(S)
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Present: Ghulam Sarwar
Korai, J.
Naimatullah Phulpoto, J.
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For Katcha Peshi
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Date of hearing: 11.09.2013
Mr.
Fareed Ahmed A. Dayo, Advocate
for the Petitioner
Mr.
Noor Muhammad Dayo, Special Prosecutor NAB.
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Through this
constitutional petition, petitioners Abdul Baqi Mahar has prayed for
following reliefs:-
(a)
To direct the respondents to delete the
name of the petitioner from the Exit Control List and issue such clean chit to
the petitioner.
(b)
To prohibit the respondents jointly and
severally from restraining the petitioner in any manner whatsoever from leaving
Pakistan to abroad.
(c)
To set aside the order passed by the
respondents, placing the name of the petitioner on the Exit Control List.
(d)
The respondent No.4 may be directed to
issue renewed, passport to the petitioner.
(e)
To grant any other relief as deemed just
and proper in the circumstances of the case.
2. Notices were issued to the respondents as
well as D.A.G.
3. Mr.
Fareed Ahmed Dayo, learned
counsel for the petitioner contended that name of the petitioner has been
placed on Exit Control List, though the petitioner has been acquitted by the
learned Administrative Judge, Accountability Court Sindh, Karachi in Reference
No.16/2008 under section 265-K Cr.PC. He has further
argued that respondent No.2 has acted contrary to law.
4. Mr.
Noor Muhammad Dayo, Special Prosecutor, NAB argued
that NAB has filed appeal against the acquittal of Abdul Baqi
Mahar, which is pending. He has opposed the petition.
5. Record
reflects that petitioner Abdul Baqi Mahar was tried by the learned Administrative Judge,
Accountability Court Sindh at Karachi in Reference No.16/2008. Learned Accountability
Court acquitted the petitioner/accused by order dated 15.12.2011 under section
265-K Cr.PC. Mr. Dayo
stated that name of the petitioner was placed on Exit Control List because of
the above Reference. Since petitioner has been acquitted in the Reference, mere
filing of appeal is not sufficient to deprive the petitioner from his liberty.
No material against the petitioner has been placed before this Court to justify
the placing of name of the petitioner on ECL. For want of material against the
petitioner, the petition is allowed. Respondents are directed to remove the
name of the petitioner from Exist Control List and issue such clearance
certificate as per rules. Consequently, Constitutional Petition is accordingly disposed
of.
These
are reasons for our short order announced on 11.09.2013.
JUDGE
JUDGE
Dated:
.09.2013
Gulsher/PA