ISLAMABAD: The Islamabad High Court (IHC) Friday deferred the hearing in former Inter-Services Intelligence (ISI) chief Lt-Gen Asad Durrani’s (retd) petition seeking removal of his name from the Exit Control List (ECL). A single bench of the IHC comprising Justice Mohsin Akhtar Kayani conducted hearing of the petition filed by the former spymaster, and directed the ministry to submit its reply in this connection.
During the hearing, the bench expressed its annoyance over absence of Additional Attorney General (AAG) Tariq Khokher, and adjourned the hearing till January 22 for further proceedings.
In his petition, Durrani adopted that the interior ministry did not decide his representation for review of its decision on his travel ban. He requested the IHC to initiate contempt of court proceeding against the interior secretary for not complying with the court direction, and order the Interior Ministry to decide the matter immediately. The Military Intelligence (MI) had written to the Interior Ministry in 2018 to put Durrani’s name on the ECL for co-authoring a book, ‘The Spy Chronicles’, with Amarjit Singh Dulat, a former chief of the Indian spy agency, Research and Analysis Wing (RAW).
On February 28 last year, Justice Mohsin Akhtar Kayani had directed the federal government to decide his representation pending before the Interior Ministry for review of the decision to place him on the ECL.
The former DG ISI had approached the court through his counsel Omer Farouk Adam Advocate and cited secretary interior, secretary defense, and Qalandar Khan, section officer (ECL) Ministry of Interior as respondents.
The petitioner stated that he has retired from the army in 1993 as a three-star general since then he has served as Pakistan’s ambassador to Germany and Saudi Arabia, and represented Pakistan in many seminars, conferences and dialogues both nationally and around the world.
He added that on May 29, 2018, without any notice or intimation his name was placed on the ECL.
The reason given therein is his alleged involvement in an ongoing inquiry.
Durrani stated that on 5th September 2018, he requested the Adjutant General Pakistan Army to remove his name from the ECL on account of professional commitments and that he and his wife wanted to visit their grandchildren living abroad.
He continued that after receiving no response from the Adjutant General Officer, the petitioner requested Secretary Interior to review his decision and remove his name from ECL.
Petitioner maintained that the respondents have failed to respond to the petitioner’s numerous requests for removal of his name from ECL.
“They are in breach of petitioner’s fundamental rights as guaranteed by Article 4, 9, 15 and 18 of the Constitution of Islamic Republic of Pakistan, 1973,” added Durrani.
He argued that our constitution guarantees the right of individuals to be dealt with in accordance with law. To enjoy the protection of law and to be treated in accordance with law is the inalienable right of every citizen.
“Restraining the petitioner from meeting his children and grandchildren living abroad is against his fundamental right to life and liberty as guaranteed by Article 9 of the Constitution of Pakistan,” said the petition.
Therefore, he prayed before the court to quash the impugned memorandum of placing his name on the ECL for being illegal, arbitrary, without jurisdiction and contrary to law and Articles of the Constitution of Pakistan.
Copyright Business Recorder, 2021
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