ISLAMABAD – The Islamabad High Court (IHC) Thursday directed the Ministry of Interior to remove former Director General (DG) Inter-Services Intelligence (ISI) Lt General (Retd) Asad Durrani’s name from the Exit Control List (ECL).
A single bench of IHC comprising Chief Justice of IHC Justice Athar Minallah conducted hearing of the petition filed by Durrani seeking removal of his name from the ECL.
The defence ministry had put the name of Asad Durrani on the ECL after he 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 had challenged the move in the Islamabad High Court (IHC) in 2019.
During the hearing, Lt. (Col) Kafeel from JAG Branch of GHQ appeared before the court along with Tariq Mehmood Khokhar, Additional Attorney General (AAG).
The petitioner had assailed the Ministry of Interior’s order dated 31.10.2019 to put his name on the ECL. The ground for refusal to remove his name from the Exit Control List was an inquiry which was pending against him.
The court observed in its verdict that the inquiry was subsequently concluded and its findings had led to forfeiture of the petitioner’s pensionary benefits. The respondents also filed written comments and opposed the removal of his name from the ECL.
Justice Athar stated that Lt. (Col) Kafeel and AAG were unable to satisfy this court that after conclusion of the inquiry there exists a valid justification for keeping the name of the petitioner on the Exit Control List.
He added that there is no valid ground on the touchstone of the principles and law highlighted in the judgment of this Court titled “Muhammad Amjad v. Federation of Pakistan” to justify keeping the name on the Exit Control List.”
“The Petitioner is retired three-star General of Pakistan Army. He is citizen of Pakistan and, therefore, entitled to enjoy the constitutional guaranteed rights, particularly under Articles 9 and 15 of the Constitution,” maintained the IHC Chief Justice.
He added that at this stage, there is neither a reason nor a valid ground for keeping the name of the petitioner on the ECL.
Justice Athar noted, “For the above reasons the petition is allowed and respondent No. 1 is directed to forthwith remove his name from the Exit Control List.
This order will not prejudice the power of the Federal Government to include the name of the Petitioner in the Exit Control List provided a valid ground exists, having regard to the principles highlighted in this Court’s aforementioned judgment.”
Earlier, the Defense Ministry had submitted a written reply in the IHC in response to the petition and urged the court not to remove Durrani’s name from the ECL and informed the court that it has evidence which suggests Durrani remained in contact with Indian spy agency Research and Analysis Wing (RAW). It also said that it has evidence which suggests that Durrani has 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 stated that he had been “interacting with hostile elements” including RAW since 2008 and was likely to be involved in future publications against the interest of Pakistan.
In his petition, Durrani had claimed that the government had put his name on the ECL in connection with an inquiry related to a book he co-authored. The inquiry has since been concluded and he had also been punished accordingly; however, his name was still on the ECL.
He also 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 proceeding against interior secretary for not complying with the court direction and order the interior ministry to decide the matter immediately.
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