Islamabad:
Islamabad High Court (IHC) has suspended a Cabinet Under Committee’s decision to place the names of the family members of an appointment, Usman Khan, on the Exit Control List (ECL).
The court has noticed that Prima Facie there was no underlying basis for the location of the names of the individual at ECL and that no material was placed before the right to determine how Khan was involved in or linked to terrorist activities.
An IHC bench consisting of Justice Babar Sattar issued a written order for a petition filed for the placement of the names of Khan and his eight other family members on the list without flying.
The order noted that an intelligence agency had initially recommended that the names of nine people – which are part of Usman Khan’s family – be placed at ECL. It said these names included the names of minors as young as thirteen -year -old as well as the peter’s mother.
“No satisfactory reaction was given to what checks had been carried out by the Ministry of the Interior before a working document was composed, and the names were recommended to be considered by a sub -committee for the cabinet for location on Ecl.”
The order stated that the secretary’s interior told the bench that the intelligence agency has now recommended that seven of the nine names be removed from ECL, but two names should remain on the list as they are suspected of being involved in terrorist activities.
“The name recommended to be stored at ECL includes the name of Mr. Faizan Usman, the eighteen -year -old who was previously abducted sharply in whose case is awaiting this court.”
The court noted that it was not satisfied with the given explanations.
“It seems that there was either no use of the mind from the Ministry of the Interior [while] Preparing a working document that supports the location of the names of the petries at ECL.
“The recommendations received by an intelligence agency were just forwarded to the cabinet’s subcommittee of the Ministry of the Interior as a post office,” it said.
The order stated that the other possibility was “much more foresking” when it suggested that the petitioner and his family were postponed in return for bringing the case of his enforced disappearance to court.
“In such a case, the Ministry of the Interior would, by facilitating the location of their names on ECL, act as an accomplice and as an instrument that hinder justice in a case pending before this court.