The Islamabad High Court Thursday reserved verdict on the petition of former DG ISI Lt General Muhammad Asad Durrani (retd) to remove his name from the Exit Control List (ECL). A single bench of IHC comprising Justice Mohsin Akhtar Kayani heard Durrani's petition and after hearing the arguments of the counsel reserved judgement. Durrani had written a book along with the former chief of the Indian spy agency. He had remained the DG Military Intelligence and the DG ISI.
During the course of hearing, a representative of the Ministry of Defence Brigadier Falak Naz submitted an inquiry report in a sealed envelope. An inquiry was conducted against the former spymaster for writing a book along with a former Indian spy agency chief. Justice Mohsin Akhtar Kayani read the report and returned it to the representative of the ministry. Naz told the court that an inquiry against Asad Durrani had been completed, which included recommendations for not removing Asad Durrani's name from the ECL.
Former ISI chief's lawyer Umer Farrukh Adam raised question whether the court would court martial his client for writing a book. At this, Justice Kayani said there was no such thing in the report. Adam adopted that his client had retired from his post in 1993, while he wrote the book on the basis of an analysis in 2018. He said there was nothing wrong in this as former President General Pervez Musharraf (retd) too had written a book.
The former ISI chief stated in his petition that he retired from army in 1993 as a three-star general and since then he has served as Pakistan's ambassador to Germany and Saudi Arabia while he has numerously represented Pakistan in various seminars, conferences and dialogues nationally and around the world. He added that on 29th May, without any notice or intimation a memorandum placing the petitioner on the ECL was issued by the respondents. The reason given therein is his alleged involvement in an ongoing inquiry.
Durrani told the court that on 5th September, he requested the Adjutant General Pakistan Army to remove his name from 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 the secretary interior to review his decision and remove his name from ECL.
The petitioner maintained that the respondent 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 Articles 4, 9, 15 and 18 of the Constitution of Islamic Republic of Pakistan, 1973," added Durrani. He argued that the 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 an 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 to 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.
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