ISLAMABAD: As the Senate on Monday adopted a report of a house committee seeking abolition of the ‘blacklist’ and other tools, except the Exit Control List (ECL), used to prevent people from travelling abroad, a federal minister made a case for a mechanism to put a check on terrorists and criminals trying to flee the country.

Speaking after presentation of the report of the Senate Standing Committee on Law and Justice followed by a lengthy discussion over the issue of two separate lists — provisional nationality identification list and blacklist — which members from both sides of the aisle found to be contrary to Article 15 of the Constitution, Minister for Parliamentary Affairs Ali Mohammad Khan observed that a tool should be available to the law enforcers to stop terrorists and criminals leaving the country.

“Such decisions have to be taken on the spur of the moment,” he noted and asserted that the law enforcers could not wait for a week for the federal cabinet’s approval for placement of the name of an individual on the ECL, particularly when he made an attempt to flee the country late in the night.

Minister calls for mechanism to prevent terrorists, criminals from fleeing abroad

He pointed out that a fifth generation war was being fought. He referred to some happenings of the past, including the permission given to Blackwater to operate in Pakistan, handing over of Pakistanis, including Aimal Kansi, to the United States and arrival of aliens in the country without a visa. “Is it not a fact that people from India came to Pakistan without visas to work in a factory?” he asked while apparently referring to an allegation that 300 Indians had been employed by Ramazan Sugar Mills owned by the Sharif family.

The minister said that Article 15, which deals with the freedom of movement, could not be applied to the two lists. In the same breath, he said he was not defending any list other than the ECL. He said he was not aware of any such list either and opined that the minister of state for interior could give a proper response to the issues raised.

Minister for Education and Professional Training Shafqat Mehmood said the government believed in the rule of law, without which democracy could not function. He said Minister for Human Rights Dr Shireen Mazari had attended the meeting of the Senate panel on law and justice and her view was recorded.

Mr Mehmood observed that there were some shortcomings in the committee’s report which did not reveal as to when the lists were first used. He said it was inappropriate to blame the present government for the lists. He also noted that perhaps there was room for these lists under the Passports Act, 1974, and proposed formation of a special committee to look into different aspects of the matter.

PPP parliamentary leader in the Senate Sherry Rehman said the two controversial lists which had no legal value not only existed, but were also being used to harass people. “This had not happened even in worst dictatorships,” she remarked and urged the government to reveal the formal name of the blacklist and explain on whose directive and under which law the lists had been made.

She said that even the ECL should only be used to prevent proclaimed offenders and hardened criminals. “How can you stop a person not involved in a criminal activity from travelling abroad?” she remarked and pointed out that two members of parliament had also not been allowed to travel abroad. She said the use of passport was a fundamental right.

Raza Rabbani of the PPP said the matter had also been taken up by the Senate Standing Committee on Human Rights and regretted that the interior ministry and institutions under it, including the FIA, immigration and passports department, had failed to tell the source of law.

“This list has no backing of any law whatsoever and is ultra vires of the Constitution,” he observed and said it was in direct violation of Article 16 which guarantees freedom of movement. He also referred to Article 8 under which any law inconsistent with or in derogation of fundamental rights shall be void.

Mushahid Hussain Sayed of the PML-N also termed the two lists illegal and proposed formation of a special committee to deliberate on the issue. He said it should be taken seriously and should also be raised at the forum of cabinet.

Nauman Wazir of the PTI said those involved in terrorism and white-collar crimes should be prevented from going abroad. He said the names of 16 individuals had been placed on the blacklist in February 2018 when the PTI was not in power.

Published in Dawn, January 29th, 2019