PHC orders removal of Qaiser’s name from ECL

Humayun Khan

PESHAWAR: A divisional bench Peshawar High Court (PHC) comprising of Justice Shakeel Ahmad and Justice Sahibzada Asadullah ruled in favor of former National Assembly Speaker Asad Qaiser, ordering the removal of his name from the Exit Control List (ECL).

This decision brings an end to a legal battle that began in June 2023 when Qaiser was prevented from traveling abroad due to his inclusion on the ECL. On June 23, 2023, Qaiser, a prominent figure in the Pakistan Tehreek-e-Insaf (PTI) party, was reportedly stopped from traveling for Umrah pilgrimage as his name appeared on the ECL.

Challenging this decision, Asad Qaiser filed a petition with the Peshawar High Court, arguing that his inclusion on the list was unconstitutional and illegal.

After reviewing the case, the High Court declared the order placing Qaiser’s name on the ECL as both unconstitutional and illegal. The court’s decision highlights the importance of due process and adherence to legal principles in such matters.

This ruling removes a significant hurdle for Asad Qaiser, potentially allowing him to travel freely. It also raises questions about the procedures for placing individuals on the ECL and the need for proper justification and transparency in such decisions.

Meanwhile, the similar bench ordered Additional Chief Secretary Home to provide opportunities to PTI leaders for hearing regarding their placement in Schedule-IV and forwarded the matter to Review Board.

PTI leaders including Asad Qaiser, Iftikhar Mashwani, Junaid Akbar, Liaqat, Tufail Anjum and Shafiullah filed writ pleas against their placement in schedule-IV while Syed Sikandar Shah, Ali Zaman and Shah Faisal advocates appeared before PHC.

Moreover, PHC’s divisional bench comprising of Justice Ishtiaq Ibrahim and Justice SM Attique dispose of writ pleas seeking provision of record regarding cases registered against PTI leaders including Junaid Akbar, Sharafat Ali, Mujahid Ali, Dr, Amjad and Fakhar Jahan along with others. PHC observed that the petitioners is elected as new lawmakers must legislate in this to avoid such circumstance in the future to ensure supremacy of law.