Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Sindh High Court, officially reported as 2026 SHC 755. In this matter between Const. P. 564/2026 (D.B.) Sindh High Court, Karachi - Mohammad Yousuf Yasin (Petitioner) and the Respondent, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

COURT: Sindh High Court CASE NO: Const. P. 564/2026 (D.B.) Sindh High Court, Karachi CITATION: 2026 SHC KHI 755 PARTIES: Mohammad Yousuf Yasin (Petitioner) ORDER DATE: 01-APR-26 BENCH: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author), Hon'ble Mr. Justice Zulfiqar Ali Sangi A.F.R: Yes ------------------------------------------------------------ ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P. No. D-564 of 2026 [Muhammad Yousuf Yasin V. Federation of Pakistan and others]

Date Order with signature of Judge(s)

Before: Mr. Justice Adnan-ul-Karim Memon Mr. Justice Zulfiqar Ali Sangi

Date of hearing and Order: 01.04.2026

Ms. Samreen Rizvi, Advocate for the Petitioner. Ms. Wajiha Mahdi, D.A.G. Mr. Amin Ahmed, Assistant Director Passport. Insp. Jamal Saeed, JIAP, FIA, Karachi. **********

O R D E R

Adnan-ul-Karim Memon, J. – Petitioner Muhammad Yousuf Yasin has filed these Constitution Petitions under Article 199 of the Constitution of Islamic Republic of Pakistan 1973, seeking following relief:-

a. To declare that the continued inclusion/retention of the name of the petitioner in the Exit Control List (ECL/)/ PNIL/PCL and/or ban list by the respondents, despite his acquittal vide order dated 11.12.2018, is illegal, unlawful, ab initio void and of no legal effect.

b. To direct the respondents to immediately remove the name of the petitioner from the Exit Control List (ECL/)/ PNIL/PCL, ban list and/or any other hidden or undisclosed restrictive list maintained by the respondents.

c. To direct the respondent No. 3 (Directorate General of Immigration & Passports) to immediately renew/issue the passport of the petitioner without any hindrance or delay.

d. To allow the petitioner to travel abroad freely to pursue his employment and personal affairs in Qatar or any other country.

e. To grant cost of this petition to the petitioner.

f. Any other relief(s) whi ch this Honorable Court deems fit and proper in the circumstances of the case, be also awarded to the petitioner.

2. The case of the petitioner is that he is an overseas Pakistani who was employed in Qatar and earning his livelihood therefrom. He submits that an FIR bearing No. 52/2017 was registered against him and other co -accused persons under various provisions of PPC and PECA at FIA Police Station, Lahore; however, after full investigation and submission of report under section 173

2

Cr.P.C., the learne d Special Court, Offences in Banks -I, Lahore, vide order dated 11.12.2018 passed under section 249 -A Cr.P.C., acquitted him and his co -accused persons on the ground that there was no probability of conviction and continuation of proceedings would be a futi le exercise. He further submits that despite the his honorable acquittal, his name continued to remain on the Exit Control List (ECL)/PNIL/PCL and ban list, due to which he could neither renew his passport nor travel abroad to resume his employment in Qat ar, thereby causing severe financial hardship and affecting his livelihood. 3. Initially, the learned counsel for the petitioner contends that the continued retention of the Petitioner’s name on such lists after acquittal is illegal, without lawful authori ty, and violative of Articles 4, 9, 10 -A, 15, 18 and 25 of the Constitution, as it amounts to double punishment and restriction on free movement without any pending case or conviction. She submits that the Petitioner approached the concerned authorities fo r removal of his name but no action was taken, hence he was left with no alternate remedy except to invoke the constitutional jurisdiction of this Court. She, therefore, prays that the Petitioner’s name be ordered to be removed from all restrictive lists a nd the Respondents be directed to renew/issue his passport and allow him to travel abroad. 4. The learned AAG appearing on behalf of Respondent No. 2 submits that as per the stop -list record, the present status of the Petitioner is “Not Active”, and therefore no restriction presently exists upon the Petitioner’s travel on account of the said list. She submits that since the Petitioner’s name is no longer active on the stop list, the grievance of the Petitioner has already been redressed and the instant petition may be disposed of accordingly. 5. The Respondent No. 3/ Directorate General Immigration & Passports submits that the Petitioner’s name is not placed on the Passport Control List (PCL) and his passport record is active in the passport database; howe ver, his previous passport had expired on 05.11.2019 which is now under consideration for renewal. He, therefore, prays that the petition may be disposed of accordingly.

6. When confronted with this legal position of the case, learned counsel for the petitioner seeks disposal of this petition in terms of the statement made by the learned A.A.G. and respondent No.3

7. Accordingly, with the consent of the parties, the petition stands disposed of along with all pending applications in the above terms.

JUDGE

JUDGE

Shafi

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