06-11-2009, 08:30 AM
JUSTICE Mian Saqib Nisar of the Lahore High Court Wednesday, accepting a petition, ordered removal of the name of former managing director of Nespak Sabir P Chohan from the exit control list. Mr Chohan was accused of defective construction of the Margalla Towers, Islamabad, which had collapsed during earthquake in 2005.
The judge observed that the interior ministry had the power to include anyone in the ECL but it should not be exercised arbitrarily.
The judge held that since the petitioner had no connection with the design and approval of the site plan or construction of the Margalla Towers in any manner whatsoever, putting his name on the ECL was illegal.
Taffazul H Rizvi advocate, on behalf of Mr Chohan, submitted that after the collapse of the Margalla Towers, the petitioner was accused of defective construction of the building and his name was placed in the ECL which was against his fundamental right of movement. He said the government move was arbitrary as no reason was provided for it and prayed to the court to declare the action as illegal.
Deputy Attorney General Naveed Inayat Malik, while opposing the petition, submitted that under the Exit from Pakistan Control Ordinance 1981, the interior ministry had the power to include the name of any person in the ECL without giving any reason.
Mr Chohan had moved the petition in April 2009, the LHC office had returned it with a direction that it should be filed before the Islamabad High Court which had been constituted through the Presidentís Order No: 5, 2007. The petitioner moved an application requesting to fix his constitutional petition at the LHC principal seat in Lahore. It came up for hearing before the then Chief Justice Sayed Zahid Hussain of Lahore High Court who on April 8 removed the objection and issued order that the petition should be heard at the principal seat.
http://www.thenews.com.pk/daily_detail.asp?id=182459
The judge observed that the interior ministry had the power to include anyone in the ECL but it should not be exercised arbitrarily.
The judge held that since the petitioner had no connection with the design and approval of the site plan or construction of the Margalla Towers in any manner whatsoever, putting his name on the ECL was illegal.
Taffazul H Rizvi advocate, on behalf of Mr Chohan, submitted that after the collapse of the Margalla Towers, the petitioner was accused of defective construction of the building and his name was placed in the ECL which was against his fundamental right of movement. He said the government move was arbitrary as no reason was provided for it and prayed to the court to declare the action as illegal.
Deputy Attorney General Naveed Inayat Malik, while opposing the petition, submitted that under the Exit from Pakistan Control Ordinance 1981, the interior ministry had the power to include the name of any person in the ECL without giving any reason.
Mr Chohan had moved the petition in April 2009, the LHC office had returned it with a direction that it should be filed before the Islamabad High Court which had been constituted through the Presidentís Order No: 5, 2007. The petitioner moved an application requesting to fix his constitutional petition at the LHC principal seat in Lahore. It came up for hearing before the then Chief Justice Sayed Zahid Hussain of Lahore High Court who on April 8 removed the objection and issued order that the petition should be heard at the principal seat.
http://www.thenews.com.pk/daily_detail.asp?id=182459