ISLAMABAD - While hearing a petition of former DG ISI Lt General Muhammad Asad Durrani seeking removal of his name from the Exit Control List (ECL), the Islamabad High Court Thursday directed the Defence Ministry to submit inquiry report of GHQ against him.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani conducted hearing of the petition of Durrani and also directed the Interior Ministry to submit its reply stating the reasons to put his name on the ECL.
During the hearing, representative of Defence Ministry Director Law Branch Falak Naz told the court that Durrani had written a book along with former chief of the Indian spy agency. He said that Durrani had remained the DG Military Intelligence and the DG ISI and there was a pending inquiry against him in GHQ.
The court asked that when will be the inquiry completed? Naz said that he could not speculate as when the inquiry would be completed and added that Durrani had also been a part of the 2012 Asghar Khan case regarding the distribution of money to politicians.
At this, the former DG ISI’s lawyer Omar said that they were not sent any notice regarding the inquiry. He added that the former DG ISI was once called to the GHQ for tea during which only chit chat took place.
Durrani’s counsel also pointed out that in the Asghar Khan case, General (Retd) Aslam Baig’s name was not placed on the ECL. He argued that his client had to go abroad for a conference on November 26 and 27 and his name should be removed from the ECL.
Justice Kayani said that until the GHQ inquiry report and Interior Ministry’s reply were submitted nothing could be done. Later, the case was postponed till December 3.
The former DG ISI approached the court through his counsel Omer Farouk Adam Advocate 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 1993 as a three-star general 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 May 29, 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 Secretary Interior to review his decision and remove his name from ECL.
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 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 to the court to quash in 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.