Exit Control List: Govt all set to change the ECL mechanism

Govt’s consideration came soon after a superior court was approached to remove Musharraf's name from ECL.

ISLAMABAD:

The government is believed to be considering change in the way an accused person’s name is put on the Exit Control List (ECL).

If the government presses ahead with the plan, it would become impossible for officials to place a person’s name on ECL swiftly just on verbal instructions or on telephone call.

While the move is understood to be well-intentioned, one legal opinion is that it could enable miscreants to flee the country before courts put their names on Exit Control List (ECL).

The government’s consideration to review the existing Exit from Pakistan (Control) Ordinance 1981, came soon after a superior court was approached to lift from the list the name of former military ruler General (retd) Pervez Musharraf, who is facing a high treason case.

A senior official of Interior Ministry had suggested in a meeting to make the process more transparent under the ECL—a mechanism of barring the accused persons from leaving Pakistan, informed officials told The Express Tribune on Wednesday.



A new law, if introduced, will make it impossible for Interior Ministry to put names of criminal on emergency basis, the official claimed.

They said Interior Minister Chaudhry Nisar Ali Khan had desired to wipe out the system under which a person’s name could be put on the ECL without any ample evidence.  “We can’t put name of a person at least on a verbal instruction—nobody’s name will be put on ECL telephonically,” a senior officer quoted Interior Minister as saying.

Currently, names of more than 4,000 persons are on the ECL and Interior Ministry officials believe that the list includes the names of hundreds of innocent citizens.

If the new policy and laws are framed by the Interior Ministry then the final copy of this draft will be vetted by Law and Justice Ministry, the officials said. It was still unclear whether these laws would be tabled before the parliament or be promulgated in form of an ordinance, they added.

Interior Ministry’s spokesperson Omar Hameed Khan told The Express Tribune that the new law had not been finalised.

“The new law is aimed at establishing more tangible markers, than telephone instructions, to place someone’s name on the ECL,” he added.

Commenting on the proposed change, former Interior Secretary Tasneem Noorani said no amendment should be made that could affect the discretionary power of the Interior Ministry.

A senior lawyer Ali Zafar, who has been contesting the ECL related cases, said, “I am in favour of change in the ECL’s existing laws if it makes the process more transparent and independent from the government.”

He said if this proposed change gave more power to the government then people would be victimised and therefore such a change would not be right.

“Under the existing laws, the government can arbitrarily put anyone’s name on the ECL and keep him on it indefinitely without hearing one’s plea,” he said.

Interestingly, the Exit from Pakistan (Control) Ordinance, 1981 was promulgated in General Zia’s era and was validated and saved to the constitutional amendments in the Constitution by then Parliament. It will continue to be in force until repealed by another law.

Published in The Express Tribune, December 5^th, 2013.