The Islamabad High Court Wednesday issued notices to interior secretary in response to a petition of former Inter-Services Intelligence (ISI) chief Lieutenant General Asad Durrani (retd) seeking contempt proceedings against him for failing to comply with the court's earlier directives regarding removal of Durrani's name from the exit control list (ECL).
A single-member bench of IHC comprising Justice Mohsin Akhtar Kayani heard the contempt petition filed by the former spymaster and directed the secretary to submit his reply in this connection.
After issuing aforementioned directions, the IHC bench deferred hearing in this matter.
In his petition, Durrani adopted that the Interior Ministry despite a lapse of three months was yet to decide his representation for review of its decision on his travel ban.
He requested the IHC to initiate contempt of court proceedings against Interior Secretary Azam Suleman for not complying with the court's direction and order the Interior Ministry to decide the matter immediately.
The Military Intelligence (MI) had written to the Interior Ministry last year to put Durrani's name on the Exit Control List (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, Justice Mohsin Akhtar Kayani of the IHC had directed the federal government to decide Durrani's 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 and cited secretary Interior Ministry, secretary defence and Qalandar Khan, Section Officer (ECL) Ministry of Interior, as respondents.
The petitioner stated in his petition that he retired from army in the year 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 both 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 the ECL.
The petitioner maintained that the respondents have failed to respond to the petitioner's numerous requests for removal of his name from the ECL. "They are in breach of petitioner's fundamental rights as guaranteed under the 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 the inalienable right of every citizen.
"Restraining the petitioner from meeting his children and grandchildren living abroad is against his fundamental rights to life and liberty as guaranteed under the 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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