ISLAMABAD: Ministry of Defence opposed the removal of the name of former Inter-Services Intelligence (ISI) chief Lt-General Asad Durrani (retd) from the Exit Control List (ECL).

The Defense Ministry Wednesday submitted a written reply in the Islamabad High Court (IHC) in response to a petition moved by former Director General (DG) Inter-Services Intelligence (ISI), seeking his name from the Exit Control List (ECL).

The ministry’s reply stated that the former spymaster had been “interacting with hostile elements” including Indian intelligence agency RAW since 2008 and was likely to be involved in future publications against the interest of Pakistan.

Durrani co-authored a book, titled The Spy Chronicles: RAW, ISI and the Illusion of Peace, with Amarjit Singh Dulat, the former head of India’s spy agency, in 2018. After the book’s publication, the Military Intelligence (MI) had written to the interior ministry to put Durrani’s name on the ECL and the same was done in May 2018. The former spymaster challenged the move in the Islamabad High Court (IHC) in 2019.

The ministry adopted in its para-wise comments submitted in response to Durrani’s petition in the IHC that the former ISI chief’s name was placed on the no-fly list for “his involvement in anti-state activities”.

The reply said that a perusal of the book The Spy Chronicles revealed that it contained “certain contents concerning [the] national security of Pakistan, being in contravention of the provisions of the Official Secrets Acts, 1923”.

The ministry stated, “It is further highlighted that there are [a] number of such publications on the way, supported by hostile elements which contain content to create misperception, confusions, question marks against the top leadership circles at country level and to target the common people.”

It further said that Durrani had been “affiliated/interacting with hostile elements especially Indian RAW since 2008”. The reply said that although he had submitted an affidavit “committing to refrain from such activities” to the government, the same had still not been seen in tangible terms.

According to the reply, Rule 2(c) of the Exit from Pakistan (Control) Rules, 2010, authorized the federal government to prohibit a person from exiting Pakistan for a foreign destination if the said person is involved in acts of terrorism or its conspiracy, heinous crimes and threatening national security.

It further said that Articles 15 and 19 of the Constitution clearly state that the freedom of movement and freedom of speech are subject to any reasonable restrictions imposed by [the] law in the public interest and integrity, security or defense of Pakistan.

The ministry maintained that Durrani’s name could not be removed from the ECL at this stage because inquiries being conducted against him were being finalized. It said the former ISI chief wanted to travel abroad with the intention of participating in international conferences, forums and talks which will have serious national security implications as evident from the recently published book “Honour Among Spies which was also authored by Durrani and published through Indian publishers/RAW-supported elements”.

It stated that the petitioner also appeared on social media on October 12 and 13, 2020, and expressed his views “which of course cannot be well received by any patriotic citizen”. It also said that while noting that Durrani had remained part of the army for 32 years and served on important and sensitive positions, “it was inappropriate of his stature to co-author a book that too with [an] ex-Indian RAW chief and Indian journalist on matters concerning the national security of the country”.

“Hence, a sufficient cause for placing the petitioner’s name on ECL exists,” the ministry said and added that after Durrani’s book was evaluated from a security perspective, it was confirmed by the Court of Inquiry that it contained contents which were against the interests of Pakistan.

The ministry said that no fundamental right of the petitioner had been infringed by the placement of his name on the no-fly list.

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 proceedings against interior secretary for not complying with the court’s direction and order the interior ministry to decide the matter immediately.

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.

Copyright Business Recorder, 2021