PHC grants relief to Dr Shakil's family

Orders federal govt to remove wife and children’s names from ECL

PESHAWAR:

The provincial high court of Khyber Pakhtunkhwa (K-P) has directed the authorities to remove the names of alleged CIA agent Dr Shakil Afridi's family members from the country's Exit Control List (ECL). A division bench of the Peshawar High Court (PHC), comprising Justice Abdul Shakoor and Justice Arshad Ali, issued this order on Thursday while hearing a writ petition filed by Dr Afridi’s wife, Imrana Shakil.

The petitioner’s counsel, Arif Jan Afridi, informed the bench that Dr Afridi had been sentenced to 22 years in prison for his alleged role in assisting the United States in locating Osama bin Laden, the alleged mastermind behind the 9/11 attacks. Dr Afridi has been incarcerated since 2011. However, the authorities also included Dr Afridi’s wife and children on the ECL, unjustly restricting their travel abroad.

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The counsel argued that no crime has been proven against the applicants, nor have they been arrested. Their inclusion on the list is solely based on reports by intelligence agencies. “They are law-abiding citizens. Traveling abroad has become extremely challenging for them. Hence, we request the removal of their names from the ECL,” stated the counsel.

The Deputy Attorney-General present in the courtroom informed the bench that the petitioner and her family members were placed on the ECL based on reports by intelligence agencies. He clarified that only a political government, not the current caretaker government responsible for the state’s day-to-day affairs, has the authority to remove their names from the ECL.

Justice Abdul Shakoor emphasized that security agencies might recommend including someone’s name on the list, but it is not within their authority. “If someone is not guilty of any crime or not involved in any offense, their inclusion on the ECL is illegal,” he remarked.

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After hearing arguments from both sides, the court accepted the petition and directed the federal government to remove Dr Shakil Afridi's family members' names from the ECL. Dr Shakeel Afridi allegedly collaborated with the CIA in a fake hepatitis vaccine programme in Abbottabad to confirm Osama bin Laden's presence by obtaining DNA samples.

Arrested while attempting to flee the country after the US raid in Abbottabad on May 2, 2011, Dr Afridi was sentenced to 33 years' imprisonment for treason on May 23, 2012. The PHC overturned this sentence on August 29, 2013, ordering a retrial. He faced additional charges in mid-November 2013 related to the death of a patient he had treated eight years prior.