ISLAMABAD - The Islamabad High Court on Wednesday directed Ministry of Interior to remove the name of special assistant to the Prime Minister on overseas Pakistanis and human resource development Syed Zulfiqar Abbas Bukhari from the Exit Control List.
A division bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani announced the judgement which it had reserved earlier after hearing the petition of Bukhari who moved the court through his counsel Advocate Sikandar Bashir and had invoked the IHC jurisdiction for removal of his name from the no-fly list.
The court had reserved the verdict on December 4 after NAB prosecutor Imran Shafiq submitted documents in the court after a probe was launched against Bukhari.
The dual bench in its judgment declared null and void the 4th August notification placing Zulfi’s name on the ECL. The court directed the NAB to continue investigation against him as per law. It added that this verdict in no way would influence Zulfi’s case before the anti-graft body.
The judgment noted that NAB once itself allowed Zulfi to go abroad. It said that there was nothing on the record that Zulfi Bukhari was not cooperating with the NAB.
The interior ministry had placed Zulfiqar Abbass Bukhari’s name on ECL on August 4 upon the National Accountability Bureau’s request after he was accused of owning off-shore companies in the British Virgin Islands, and of owning assets beyond his known sources of income.
In his petition, Zulfi cited chairman NAB, federal interior secretary, director general Federal Investigation Agency and others as respondents. Bukhari submitted that placing his name on the ECL was violation of human rights. He pleaded to the court to suspend notification of the interior ministry in the matter. He requested the court to issue directives to the concerned quarters to return his travelling documents.
In his petition, Zulfi Bukhari contended that he is a British citizen of Pakistani origin and is currently living in Islamabad while his spouse and children are domiciled in the UK where his business interests are managed from. The petitioner stated that he had been cooperating with the Bureau in connection with its inquiry against him, yet his name was placed on the no-fly-list. He argued that Section 3 of the Exit from Pakistan (Control) Ordinance, 1981, provides for a right of review for any order made by the federal government, however, such a review only creates an illusory remedy.
Zulfi said that he filed a representation and review petition and despite passage of about two months, the review petition of the petitioner has neither been put up for the cabinet, nor decision has been taken thereon by the federal government.
Therefore, he prayed to the court to direct the interior ministry to remove his name from the ECL.