ISLAMABAD: The Islamabad High Court (IHC) ordered the removal of the name of Senator Shibli Faraz, opposition leader in the Senate, from the Exit Control List (ECL).
A single bench of Justice Tariq Mahmood Jahangiri, on Friday, heard the petition moved by Faraz.
The petitioner sought directions from the court to the respondents to remove his name from PCL/ECL.
The petitioner’s counsel contended that his client is a member of the Senate of Pakistan as well as Leader of the Opposition in the Upper House, few days back, it came to his knowledge that his name has been placed on PCL/ECL; neither any show cause notice, nor any order/notification has been provided to him.
He further submitted that petitioner has also filed an application under Section 22.3 of Passport Rules 2021 for review/removal of his name from ECL/PCL before the secretary, Ministry of Interior, Islamabad, the Director General, Directorate General of Immigration and Passports, Islamabad and the Director General, Federal Investigation Agency (FIA), Islamabad on 10.07.2024, but no reply has been given by the concerned authorities.
He added that travelling abroad is a basic, legal and fundamental right of the petitioner and he cannot be deprived of his constitutional right, hence, he is seeking direction to the respondents to remove his name from ECL/PCL.
In compliance of order dated 01.08.2024, counsel for the petitioner has placed on record certified copies of the bail granting orders in the following FIRs including FIR No 3/23, dated 18.03.2023, offences under Section 395, 380, 440, 435, 506, 427, 148, 149, 186, 535, 188, 411, 337-F(i), 337-F(ii) PPC and 7-ATA, registered at Police Station CTD, Islamabad, FIR No153/23, offences under Section 506(ii), 427, 353, 440, 186, 148, 149 PPC and 7-ATA, registered at Police Station Ramna, Islamabad, FIR No 154/23, offences under Section 506(ii), 7, 186, 353, 148, 149 PPC and 7-ATA, registered at Police Station Ramna, Islamabad, and FIR No 728/22, offences under Section 188, 186, 506, 341, 109 PPC and 283 Amplifier Act, registered at Police Station Aabpara, Islamabad.
Justice Jahangiri noted in his written order that as per parawise comments and reports filed by respondents No 1 to 3 i.e. Ministry of Interior, Islamabad, Directorate General of Immigration and Passports, Islamabad and Federal Investigation Agency (FIA), the only reason for placing name of the petitioner on ECL and Passport Control List (PCL) is registration of the FIRs against him.
He added that as the petitioner has obtained bail in all the FIRs he is neither fugitive from law nor declared proclaimed offender by any Court of law rather he Is following the due course of law.
The judge further said that in view of above, it transpired that there is no plausible reason/justification for placing name of the petitioner on the ECL and PCL and in view of the law laid down by this Court in different cases.
Therefore, he allowed the instant petition and directed the respondents No 1 and 2 i.e. Secretary, Ministry of Interior, Islamabad and Director General, Immigration and Passports (I&P), Islamabad to remove name of the petitioner from ECL and PCL within a period of one week and submit compliance report before Additional Registrar (Judicial) for perusal of this Court.
Meanwhile, another bench of IHC suspended the decision of the National Database Regulatory Authority (NADRA) and the Higher Education Commission (HEC) related to the non-verification of the degree of Director General (DG) NADRA.
A single bench of IHC comprising Justice Mohsin Akhtar Kayani conducted hearing of the case, wherein, the HEC had blacklisted the account of Nadra’s DG for degree verification.
The court stopped the two institutions from taking any legal action against the petitioner while suspending their orders. The court adjourned further hearing of the case till October 1.
Copyright Business Recorder, 2024
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