IHC issues notices on ex-ISI chief’s petition

Durrani seeks removal to represent Pakistan at international conference


Rizwan Shehzad October 02, 2018
PHOTO: IHC WEBSITE

ISLAMABAD : The Islamabad High Court on Tuesday issued notices to the federal government, Ministry of Defence and an official of the Ministry of Interior on a petition of the former Inter-Services Intelligence (ISI) chief Lieutenant General (retd) Asad Durrani.

Justice Mohsin Akhtar Kayani issued notices to the officials arrayed in the petition while hearing Durrani’s plea requesting the court to quash a memorandum placing his name on the Exit Control List (ECL). While issuing notices, Justice Kayani directed the respondents to file para-wise comments by next date of hearing – October 18.

The ex-three-star general said that his sole intention to travel is to pursue his professional commitments and visit his children living abroad.

Former ISI chief Asad Durrani placed on ECL

On May 29, the government had placed Durrani’s name on the ECL – a day after Pakistan army requested imposing travel ban on him. The decision to place his name had come after Durrani had appeared at the General Headquarters on May 28 to clarify his stance on The Spy Chronicles, a book co-authored by Amarjit Sindh Dulat, former chief of Indian spy agency Research and Analysis Wing (RAW).

In the petition, Durrani through his counsel said that he and his wife are proud Pakistanis and do not hold any other nationality. The counsel stated the petitioner retired from Pakistan Army in 1993 as a three-star general and since then he has served as an ambassador to Germany and the Kingdom of Saudi Arabia.

Durrani has made the federal government through secretary Ministry of Interior (MoI), the secretary Ministry of Defence and the Section Officer of MoI, Qalandar Khan, respondents in the case. On May 29, he maintained, his name was placed on ECL without any notice or intimidation. In the ECL order, he said, the reason given is the petitioner’s involvement in an ongoing inquiry.

Former spy chief Durrani moves IHC to strike name off ECL

On September 5, the petition reads, Durrani requested the Adjutant General of Pakistan Army to remove his name from ECL on account of professional commitment and that he and his wife wanted to visit their grandchildren living abroad. After receiving no response, it added, Durrani requested the government to review its decision on September 13. The counsel stated that both the respondents failed to respond to the requests.

The counsel maintained that Durrani retired from army over 25 years ago and is not subject to the provisions of Pakistan Army Act, 1952; therefore, any inquiry initiated against him has been done without jurisdiction and illegally.

He said Durrani has the right to enter upon a lawful profession and earn a living as guaranteed by Article 18 of the Constitution. He continued by saying that Durrani has numerously spoken, defended and represented country’s position on matters of national and international importance and he has been invited to the Herat Security Dialogue to be held on October 26 and 27 in Herat, Afghanistan.

He said petitioner’s inability to travel will leave Pakistan unrepresented, praying the court to quash the impugned memorandum placing petitioner on ECL for being illegal.

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