Writ Opening Sheet Peshawar High Court Peshawar

IN THE PESHAWAR HIGH COURT, PESHAWAR Date of Filing: 12.04.
2017
OPENING SHEET FOR WRIT BRANCH
District: Peshawar
Case Type: Writ Petition Nature of Original Proceeding:
Category Code: (Categories & Sub categories are given at the

back of the opening sheet)
Review/ Contempt of Court in respect of:
Writ of: Heabus Prohibition Mandamus Yes Quo Certiorari

Corpus Warranto
If Certiorari:
Forum Date (I)nterlocutory/ (F)inal Case Pertains to

Order SB
DB
Petitioner Javed Khan

Name
Mobile No. 03109003434
Address House. No. 113, Street. No. 2, Sector. N-2, Phase IV, Hayatabad, Pesh.
CNIC No.
Email Address
Counsel for Shumail Ahmad Buttt

Petitioner (s)
Mobile No. 0301-8580077
Address House No. 430, Haji Camp Double Road, Phase 7,Hayatabad, Peshawar
CNIC No.
Email Address [email protected]
Respondents Pakistan through Secretary Interior etc

Address R Block, Pak Secretariat, Islamabad.
Original Order/Action/Inaction Complained of:
NAB arrested the Petitioner on 21.02.2013 in case pertaining to purchase of weapon while alleging
that sub-standard materials have been purchased by the then Inspector General of police, Khyber
Pakhtunkhwa while unfortunately also arrayed the Petitioner as one of the accused in the panel of
accused. Further NAB during the course of inquiry and investigation suggested that name of the
Petitioner be included which had been included in the infamous “Exit Control List” (ECL) through a
Memorandum No. 2/33/2012-ECL dated 22.01.2013, without furnishing any prior notice and
without disclosing any grounds for taking such detrimental action
Prayer
The impugned order (Memorandum No. 2/33/2012-ECL) dated 22.01.2013 is illegal, unlawful,
without lawful authority, void ab initio and thus of no legal effect and hence liable to be set
aside, put at naught and reversed while clarifying that the Petitioner is free to travel within or
outside Pakistan.
Interim Relief: In view of all the requisites for interim relief, while suspending the operation of
the impugned order, the Petitioner may kindly be allowed for performance of Hajj and/or Umrah
only for one time till the final disposal of this Writ Petition
Law/Rules/governing the original proceedings/action/Inaction
1. Constitution of Islamic Republic of Pakistan, 1973
2. Exit from Pakistan (Control) Ordinance, 1981
3. Any other book, if needed.
Signature
Note: Any suggestion to improve the proforma will be appreciated.
IN THE PESHAWAR HIGH COURT, PESHAWAR Date of Filing: 12.04.2017
OPENING SHEET FOR WRIT BRANCH
District: Peshawar
Case Type: Writ Petition Nature of Original Proceeding:
Category Code: (Categories & Sub categories are given at the

back of the opening sheet)
Review/ Contempt of Court in respect of:
Writ of: Heabus Prohibition yes Mandamus Quo Certiorari

Corpus Warranto
If Certiorari:
Forum Date (I)nterlocutory/ (F)inal Case Pertains to

Order SB
DB
Petitioner Daud Khan

Name
Mobile No. 03333307777
Address Daud Steel Furnace, Bara, Khyber Agency.
CNIC No.
Email Address
Counsel for Shumail Ahmad Buttt

Petitioner (s)
Mobile No. 0301-8580077
Address House No. 430, Haji Camp Double Road, Phase 7,Hayatabad, Peshawar
CNIC No.
Email Address [email protected]
Respondents Pakistan through Secretary States and Frontier Regions (SAFRON) etc
Address S Block, Pak Secretariat, Islamabad.
Original Order/Action/Inaction Complained of:
NAB arrested the Petitioner in default of electricity bill however this honorable Court was kind
enough to grant bail while directing the Petitioner to approach TESCO for amicably resolving the
matter in three months but since then the Petitioner wrote several letters to TESCO and NAB to
resolve the matter but they are reluctant and in the meanwhile filed writ petition for bail cancellation
while stating that the Petitioner has not complied the order of this honorable Court. However the
Petitioner business is situated at Bara Khyber Agency therefore in light of Article 247(3) of the
Constitution and several other documents of the Respondents which itself reflects that NAB
Ordinance, 1999 is not extended to FATA.
Prayer
I. Impugned Proceedings against the Petitioner and all actions consequent thereto or
arising therefrom are illegal, unlawful, without lawful authority, void ab initio and thus of
no legal effect.
II. Impugned Proceedings, being void-ab-intio and even otherwise fraught with number of
incurable defects, improbabilities and legal infirmities are liable to be quashed, set aside and
put at naught.
III. The Respondent No.4 to 6 has no jurisdiction whatsoever in matters pertaining to

FATA/PATA except in accordance with Article 246 and 247 of the Constitution.
IV. Interim Relief: In view of existence of all the requisite ingredients, the Respondents may
kindly be restrained from taking any coercive action against the Petitioner in respect of
alleged electricity default against his steel mill situated at FATA till final disposal of the writ
petition.
Law/Rules/governing the original proceedings/action/Inaction
1. Constitution of Islamic Republic of Pakistan, 1973

2. National Accountability Ordinance, 1999
3. Any other book, if needed.
Signature
Note: Any suggestion to improve the proforma will be appreciated.

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IN THE PESHAWAR HIGH COURT, PESHAWAR Date of Filing: 12.04.

Case Type: Writ Petition Nature of Original Proceeding:

Category Code: (Categories & Sub categories are given at the

Review/ Contempt of Court in respect of:

Writ of: Heabus Prohibition Mandamus Yes Quo Certiorari

Forum Date (I)nterlocutory/ (F)inal Case Pertains to

Petitioner Javed Khan

Counsel for Shumail Ahmad Buttt

Respondents Pakistan through Secretary Interior etc

Original Order/Action/Inaction Complained of:

Case Type: Writ Petition Nature of Original Proceeding:

Category Code: (Categories & Sub categories are given at the

Review/ Contempt of Court in respect of:

Writ of: Heabus Prohibition yes Mandamus Quo Certiorari

Forum Date (I)nterlocutory/ (F)inal Case Pertains to

Petitioner Daud Khan

Counsel for Shumail Ahmad Buttt

Original Order/Action/Inaction Complained of:

III. The Respondent No.4 to 6 has no jurisdiction whatsoever in matters pertaining to

Law/Rules/governing the original proceedings/action/Inaction

1. Constitution of Islamic Republic of Pakistan, 1973

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