Number of individuals on ECL: IHC directs FBR to provide statistics

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the Federal Board of Revenue (FBR) to provide statistics of the number of individuals, who have been recommended by it to be placed on the Exit Control List (ECL).

A single bench of IHC comprising Justice Babar Sattar issued the directions while hearing a petition moved by a citizen, Abdul Qadir, allegedly implicated in two cases of tax fraud and then, his name was placed on the Exit Control List (ECL), on the Passport Control List (PCL) and on the Provisional National Identification List (PNIL).

Counsel for the petitioner stated that according to respondent No 4 (FIA), the name of the petitioner was placed on the aforementioned lists on the recommendation of respondent No 5 (FBR). He stated that the petitioner has been implicated in two cases of sales tax fraud. However, He added that in both of the cases by orders dated 08.08.2024 and 17.10.2024 the petitioner has been acquitted.

He stated that notwithstanding the fact that any appeal has been filed or that criminal charges are otherwise being pending adjudication against the petitioner, it is settled law that merely on the basis of allegations of a criminal offence committed by a person, his name cannot be placed on ECL. He maintained that the manner in which the petitioner’s name has been placed on the aforementioned lists is tantamount to colourable exercise of authority by the respondents.

Justice Sattar wrote in his written order that he had heard the arguments of the counsel for the petitioner as well as the counsel for Federal Board of Revenue (FBR). The court asked the counsel for FBR as to whether there is a policy instrument, which regulates the manner in which recommendations are to be made by the Revenue Division and/or FBR for purposes of Rule 2(1)(d) of the Exit from Pakistan (Control) Rules, 2010 (“Rules”). He sought some time to procure such information.

At this, he said, “Let FBR file a report stating whether or not there is such policy. In such report, let FBR also provide statistics of the number of individuals, who have been recommended to be placed on the Exit Control List (ECL) in exercise of authority under rule 2(1)(d) of the Rules. And further, the number of people, who were actually placed on the ECL by the federal government.”

He also directed that the director general of the Directorate General of Immigration and Passports also appeared before the Court and provided his explanation as to why he could not appear when the case was first called.

“Let him also file a report stating the number of citizens he has placed on the ECL since he has assumed office in various categories while identifying the category where expatriate Pakistanis deported from other countries are placed on ECL as a consequence of such deportation,” directed the judge.

He said, “Let him also provide in the report statistics with regard to the number of citizens that have challenged the placement of their names on ECL/PCL or any travel control list and the cases where such actions succeeded and the directions were issued that the names be removed. Let him also state in the report, in the event that he so wishes, as to the consequences that ought to flow to a public official who is found to have placed names of citizens on ECL in breach of the law and the Constitution.”

Copyright Business Recorder, 2025