Islamabad:
The High Court of Islamabad (IHC) suspended the decision of a firm’s subcommittee to place the names of the family members of a petitioner, USMAN KHAN, on the exit control list (ECL).
The court noted that Prima facie there was no underlying basis for the placement of the individual’s names on the ECL and that no material was put before the court to establish how Khan was involved or linked to terrorist activities.
An IHC bench including Judge Babar Sattar made a written order on a petition filed against the placement of Khan’s names and his eight other family members on the list without theft.
The prescription noted that an intelligence agency had initially recommended that the names of nine individuals – which are part of the family of Usman Khan – be placed on the ECL. He said that these names included the names of minors as young as thirteen years as well as the mother of the petitioner.
“No satisfactory response was provided as for which meticulous examination had been undertaken by the Ministry of the Interior before a working document was set up and the names were recommended to be considered by a sub-comity of the Cabinet for the ECL placement.”
The ordinance said that the interior secretary told the bench that the intelligence agency had now recommended that seven of the nine names be withdrawn from the ECL, but that two names should remain on the list because they are suspected of being involved in terrorist activities.
“The name which is recommended to be kept on the ECL includes the name of Mr. Faizan Usman, the man of eighteen years, who was previously removed with force in which is pending before this court.”
The court noted that he was not satisfied with the explanations provided.
“It seems that there was no application of the spirit by the Ministry of the Interior [while] Preparation of a working document supporting the placement of the names of the petitioners on the ECL.
“The recommendations received by an intelligence agency have been sent to the office of the cabinet by the Ministry of the Interior as a post office,” he said.
The ordinance said that the other possibility was “much more overwhelming”, as this involved that the petitioner and his family were subjected to reprisals for having brought the case of his forced disappearance to the Court.
“In such a case, the Ministry of the Interior by facilitating the placement of their names on the CEC would act as an accomplice and as an instrument which hinders justice in a case pending before this court.
