' SARDAR MUHAMMAD ASLAM, C J.---This Constitutional petition seeks removal of petitioner's name from the Exit Control List (ECL).
2. Briefly, the petitioner, a Medical Practitioner by profession holding Master degree in Public Health, heads on NGO, Messrs Sachet as its Executive Vice-President. She has been engaged in its management with its Founding Member, Dr. A.Q. Khan, with whom she has no concern, Khan except her association with the objects of the NGO.
3. Petitioner has nothing to do with the issues of Nuclear Proliferation debated in Pakistan and abroad. Some of the Officers of KRL were detained along with Dr. A.Q. Khan, the Founder President.
The petitioner has been summoned by various Agencies of the State since 2004 and subjected to exhaustive inquiries. She co-operated with them. In year 2003 she applied for U.K. Scholarship and was awarded the same covering one year study at a leading English University. In May, 2004, when she filed an application for grant of U.K. Student Visa, the British Council regretted as her name has been placed on the ECL. She challenged the inclusion of her name in the ECL through Constitutional Petition No,1005 of 2005, which she was made to withdraw on the premise that her name will be removed from the ECL. The respondent failed to honour its promise promoting her to again approach this court to seek redress of her grievance.
3-A. Notice was issued to the respondents. On 12-9-2007, Federal counsel was asked to assist the court after obtaining instruction. On 2-10-2007 report and parawise comments were requisitioned.
Same were filed through Muhammad Akram S.O. On behalf of respondent No,
1. It was stated that name of the petitioner was placed on ECL on 27-1-2004 on the recommendation of the ISI. The petition came up on 18-3-2008, when learned Deputy Attorney General stated that there are some sensitive reports against her, which cannot be divulged in open court. He was directed to bring the record of such a report for examination of this court in Chamber.
4. The case was again listed on 19-3-2008.Muhammad Akram S.O. ECL Section Ministry of Interior stated that no material in writing is available on record for placement of her name in the ECL except an oral statement from the agency, that she has contacts with Dr. A.Q. Khan. On his request the case was against adjourned for 24-3-2008. Today, learned D.A.G. Reiterated his earlier stand.
5. After hearing, learned counsel for the parties at length and examination of the record, no material is found available in support of the action of respondent in placing name of the petitioner in ECL. She is a citizen of Pakistan. Action of the respondents detrimental to rights and liberty of a citizen is not permissible in law. The petitioner has already suffered for no fault attributable to her by losing a prestigious scholarship. (Reliance is placed on Saleem Akhtar v. Federation of Pakistan (PLD 1999 Kar. 177) and Major (R.) Mir Mazhar Qayyum v. Federation of Pakistan (1999 YLR 111).
6. For what has been discussed above, this petition is allowed as prayed for and the respondents are directed to remove the name of the petitioner from the ECL.