ISLAMABAD - The Defence Ministry on 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) Lt Gen (Retd) Asad Durrani seeking to remove his name from the Exit Control List (ECL).
In its response, the ministry asked the court not to remove Durrani’s name from the ECL. The court was informed that the ministry had evidence proving Durrani remained in contact with Indian spy agency Research and Analysis Wing (RAW). It also said that it had evidence which suggested that Durrani had been in contact with anti-state elements from other countries since 2008.
Opposing Durrani’s request to remove his name from the ECL, the ministry said that he had been “interacting with hostile elements” including Indian intelligence agency RAW since 2008 and was likely to be involved in future publications against the interests 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. Durrani 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.”
According to the reply, Rule 2(c) of the Exit from Pakistan (Control) Rules, 2010, authorised 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 stated 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 defence 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 finalised. It said that 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.”
It continued that hence, a sufficient cause for placing the petitioner’s name on ECL exists. The ministry said 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 said 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 proceeding against interior secretary for not complying with the court 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. The former DG ISI had 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.
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.