Hamayun Khan
PESHAWAR: A divisional bench of Peshawar High Court (PHC) comprising of Justice SM Attique Shah and Justice Syed Arshad ordered Ministry of Interior to remove name of Ali Khan from Exit Control List (ECL) after completion of conviction.
The verdict authored by Justice SM Attique Shah stated that a perusal of record reflects that the petitioner was charged in a criminal case FIR No.233, dated 13.04.2017, registered under sections 302/324/148/149/297/109 PPC read with section 11-ww / 7 ATA at Police Station Sheikh Maltoon, District Mardan and; as such, his name was placed in the ECL.
After completion of trial, worthy Judge, Anti-Terrorism Court, Hazara Division, Camp Court, Central Prison, Haripur, convicted and; sentenced the petitioner for 03 years along with fines vide judgment dated 07.02.2018.
The applicant was represented by Malik Shahbaz advocate while seeks removal of petitioner’s name from the ECL on the ground that he has since been completed his imprisonment awarded to him in the ibid case FIR and; has been released from jail on 03.02.2023, therefore, the respondents be directed to remove his name from the ECL enabling him to renew his passport from the concerned authority. When confronted, learned DAG could not controvert such factual aspect of the case.
In a situation, where the petitioner has been released from jail, after completion of imprisonment awarded to him in the ibid case FIR, then, we understand that his name should be excluded from the ECL in the peculiar facts and; circumstances of the case.
PHC divisional bench allowed instant writ petition in terms of directing the respondents to remove the name of petitioner from the Exit Control List.
