Writ petition U/A 199 of The Constitution of Islamic Republic of Pakistan 1973 for removal of name from Exit Control List? How to prepare a writ petition for removal of name from Exit Control List (ECL)?The sample is given below. Please make necessary amendments according to the facts of the case.

Writ petition

Purpose of writ petition: To invoke the constitutional jurisdiction in order to remove the name of a person from the Exit Control List (ECL).

IN THE HON’BLE (NAME OF COURT) HIGH COURT, BENCH (NAME OF BENCH),

W.P. No.                      /2022

In the matter of: -

(Full name, parentage, and address of petitioner)

…Petitioner

Versus

1.      Federation of Pakistan through Secretary Interior Pakistan, Secretariat, Constitution Avenue, Islamabad.

2.      Director General Federal Investigation Agency (FIA), Islamabad.

3.      Direction General Immigration and passport, Islamabad.

…Respondents

CONSTITUTION PETITION U/A 199 OF THE CONSTITUTION OF ISLAMIC REPUBLIC OF PAKISTAN 1973.

 Respectfully Sheweth:-

1.                   Succinctly, the real facts are that the petitioner is a Pakistani national and is doing business in Saudi Arabia. The petitioner used to come to Pakistan frequently.

2.                  That on 21.07.19 one ABC vide FIR No. 311/2019 dated 22.07.2019, Offence U/s 324, 148, 149 PPC, registered at Police Station Murree, District Rawalpindi roped the petitioner falsely and alleged the role of facilitator to the main accused.

3.                  That in the above said FIR, pre-arrest bail of the petitioner was confirmed by the court of learned ASJ. Thereafter, the petitioner went to Saudi Arabia on 22.08.2019 and came back to Pakistan in order to appear before the court of law (copies of travel documents are attached)

4.                  That on 10.09.2019, the petitioner along with his family was going to Saudi Arabia from Islamabad Airport but respondent No. 2 refused to give permission for exit from Pakistan. On the petitioner’s query, respondent No. 2 informed that the petitioner’s name is enlisted in the exit control list and the passport of the petitioner is blacklisted.

5.                  That the petitioner asked respondents No. 2 & 3 to give any written order /memorandum showing the petitioner’s name in ECL (Exit Control list) and BL (Black List) but the authorities/respondent No. 2 & 3 refused to do so.

6.                  That it is well-settled law that registration of FIR has no nexus and is extraneous to the object of exit from Pakistan (Control) Ordinance 1981. Moreover, the liberty of a citizen can also not be curtailed merely only on the registration of the criminal case.

7.                  That the right to travel abroad is a fundamental right guaranteed under the constitution of the Islamic Republic of Pakistan 1973 and such right cannot be curtailed to the impugned action of respondents.     

8.                  That the petitioner has no other officious and adequate remedy available except to invoke the constitutional jurisdiction of this Hon’ble court, hence this petition.

PRAYER:

In view of the above circumstances, it is, therefore, most respectfully prayed that the instant writ petition may kindly be allowed and the respondents are directed to remove the name of the petitioner from Exit Control List (ECL), in the interest of justice.

Any other relief that this Hon’ble court deems fit and proper may also be granted to the petitioner. 

Petitioner

Through

_______________________________

(Counsel)

Dated: _____________

Certificate:-

1.      Certified as per instructions furnished by the petitioner this is the first writ petition ever filed before this Hon’ble Court.

2.      No other petition, application, appeal, etc is pending or decided on the subject matter up till the Hon’ble Supreme court of Pakistan.

…Counsel

N THE HON’BLE (NAME OF COURT) HIGH COURT, BENCH (NAME OF BENCH),

 W.P. No.                     /2022

ABC                 Vs     Federation of Pakistan etc

WRIT PETITION 

AFFIDAVIT

I, (full name, parentage, and address of the petitioner), do hereby solemnly affirm and declare that the contents of the accompanying writ petition are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Verified on Oath at (name of the city) on 19 June 2022, that the contents of the above affidavit are true and correct to the best of my knowledge and belief and nothing has been concealed therefrom.

Deponent

Note:

1.      To attach wakalatnama duly signed by the petitioner

2.      To attach an affidavit of petitioner

3.      To annex necessary documents  in a proper index

4.      Must give certificate regarding the number of writ petitions ever move before  Hon'ble High court or any other court on the subject matter