The Sindh High Court (SHC) has ordered the interior ministry to remove the names of a religious scholar and his son from the Exit Control List (ECL), landing a blow to the efforts of the government who were trying to restrict the movement of the alleged patrons of Al-Akhtar Trust.
The order came on the petition of Hakim Mohammad Akhtar and his son Mohammad Mazhar, seeking the removal of their names from the ECL. The petitioners contended that their names were unlawfully placed on ECL by the interior ministry, as no show-cause notice was ever issued to them.
The federal government said that the names of the petitioners were placed on the ECL upon a request made to the Pakistani government by the United States Treasury and a United Nations’ department. The government was urged to freeze the accounts of Al-Akhtar Trust, and restrict its activities as it was allegedly operating to support activities of Al-Qaeda and Taliban in the garb of a welfare association.
Defence counsel, Syed Sitwat Hussain, contended that the petitioners have no link to any terrorist activities, and neither was the government able to prove their affiliation to any terrorist organisation in its counter affidavit. He submitted that the trust was a registered welfare organization that was serving the needy, and it also worked for the rehabilitation of the affected in draught, famine and flood stricken areas.
He said that the trust’s efforts were also appreciated by the government, and no criminal cases have been registered against any official of the trust.
Hussain argued that the trust deed was not in the name of the petitioners, and they were not the beneficiaries of the trust either. Restricting their movement therefore was against fundamental rights enshrined in the constitution. He prayed to the court to remove the restriction on the free movement of the petitioners.
Deputy Attorney General defended the placement of petitioners’ names on ECL and submitted that their names were placed owing to their affiliation with Al-Qaeda and other extremist organizations. He also sought time to advance his arguments.
SHC’s division bench comprising Chief Justice Anwar Zaheer Jamali and Justice Faisal Arab observed that despite repeated notices, no reasonable grounds were placed by the federal government to justify the placement of petitioners’ names on ECL.
The court held that freedom of movement is the fundamental right of every citizen, and no one could be deprived of this right without valid reasons. Declaring the placement of petitioners’ names on ECL as unlawful, the court directed the interior ministry to delete their names from the ECL, and allow them to travel abroad.
Al-Akhtar Trust has also challenged freezing of their accounts and sealing of its offices by the government following United Nations Security Council resolution. The activities of the trust were banned for its alleged links with Al-Qaeda and other terrorist outfits. The government had sealed all offices of Al-Akhtar Trust across the country and banned its activities on February 18, 2007 in compliance with a UNSC resolution.
