The petitioner stated that Exit from Pakistan (Control) Ordinance, 1981 needs to be regulated in view of fundamental rights as guaranteed under the Constitution. He stated that the Interior Ministry’s working was very slow and out dated as most of the times when courts permitted exclusion of name of a person from the ECL temporarily or permanently, the ministry delays strategy to an uncertain time as it always presents a summary regarding inclusion or exclusion of names from ECL before federal cabinet for approval.
He stated that the federal minister keeps sitting on such summaries despite directions issued by courts for inclusion or exclusion of names from the ECL. He stated that the courts’ directions need to be implemented in letter and spirit by the Interior Ministry without the role of the cabinet.
He stated that in any case, the federal cabinet has no power to interfere in this matter as it was independent and an exclusive power of the Interior Ministry. The petitioner stated that in view of settled laws to place or delete someone’s name from ECL, the power rests with the federal government and that power has to be exercised by the interior secretary or any subordinate officer.
He requested to declare that exercise of authority and jurisdiction through cabinet, which was abusing the power of federal government in pursuance of provision of the Exit From Pakistan (Control) Ordinance, 1981. He also requested to summon policy details from the government as well as procedure regarding the process of inclusion or exclusion of names from ECL of citizens.
Published in Daily Times, October 20th 2018.
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