ISLAMABAD: The Islamabad High Court on Thursday sought an inquiry report from the General Headquarters on the controversial book former spymaster retired Lt Gen Asad Durrani co-authored with his then Indian counterpart.

Justice Mohsin Akhtar Kayani of the IHC resumed hearing on a petition filed by Gen Durrani, a former director general of the Inter-Services Intelligence (ISI), which sought removal of his name from the Exit Control List (ECL).

Interior ministry official Mohammad Nadeem Akhtar submitted a report to the court and said the name of the ex-ISI chief had been placed on the ECL for writing the controversial book — The Spy Chronicles — with former Research and Analysis Wing (RAW) chief Amarjit Singh Dulat.

Defence ministry’s legal adviser Brig Flak Naz informed the court that an inquiry was in progress against Gen Durrani under the Official Secret Act since the latter had disclosed certain information in the book.

Former spymaster wants his name removed from ECL

The army had on May 28 set up a ‘court of inquiry’ to investigate Gen Durrani’s ‘joint venture’ with A.S. Dulat. “A formal court of inquiry headed by a serving lieutenant general has been ordered to probe the matter in detail. Competent authority has been approached to place the name of Lieutenant General Asad Durrani (retd) on Exit Control List,” the director general of the Inter-Services Public Relations (ISPR) had announced.

When Justice Kayani asked how long the GHQ would take to complete the inquiry, Brigadier Naz said it was still in progress.

The judge directed the defence ministry’s adviser to submit the report at the next hearing in the first week of December.

The counsel for Gen Durrani informed the court that his client had been invited to the GHQ over a cup of tea. He said the ex-ISI chief wanted to go abroad, but since his name was on the ECL, he could not do so.

In his petition, Gen Durrani said he intended to travel abroad in connection with his professional commitment and to meet his children living abroad.

The federal government had on May 29 put the name of Gen Durrani on the ECL following the army’s request to impose a travel ban on him. The decision had been taken after Mr Durrani visited the GHQ on May 28 to clarify his stance, said the petition, adding that he and his wife were proud Pakistanis and did not hold any other country’s nationality.

The counsel said his client had retired from the Pakistan Army in 1993 as a three-star general and since then he had served as Pakistan’s ambassador to Germany and Saudi Arabia. He said Mr Durrani had represented Pakistan in various seminars, conferences and dialogues around the world.

The petition cited the secretaries of defence and interior as respondents.

According to the petition, Mr Durrani’s name was put on the ECL without any prior notice. The reason given in the ECL order was an ongoing inquiry against Mr Durrani, the counsel said.

On Sept 5, the petition said, Mr Durrani had requested the adjutant general of the Pakistan Army to remove his name from the ECL on account of professional commitment and that he and his wife wanted to visit their grandchildren living abroad. After receiving no response, it added, Mr Durrani had on Sept 13 requested the federal government to review its decision. The petition said both the respondents failed to respond to Mr Durrani’s requests for removing his name from the ECL.

The petition contended that Mr Durrani had retired from the army over 25 years ago and was not subjected to the provisions of the Pakistan Army Act, 1952. Therefore, it said, any inquiry initiated against him had been done without jurisdiction and illegally.

The petition said Mr Durrani had a right to enter upon a lawful profession and earn a living as guaranteed under Article 18 of the Constitution. It said Mr Durrani had numerously spoken, defended and represented the country’s position on matters of national and international importance and he had been invited to the Herat Security Dialogue scheduled for Oct 26 and 27 in Herat, Afghanistan.

According to the petition, if Mr Durrani is not allowed to travel abroad, it will leave Pakistan unrepresented in that international event.

Published in Dawn, October 19th, 2018