ISLAMABAD, July 26: A constitutional petition before the Lahore High Court (LHC), Rawalpindi Bench, challenging the alleged arbitrary exercise of power by the interior ministry for putting a citizen’s name on the Exit Control List (ECL), took a mysterious turn on Monday when an advocate claimed that he had instructions from the petitioner to withdraw the case.

However, Barrister Shoaib Razzaq, who had been representing petitioner Dr Rakhshinda Parveen since the petition was filed in April 2005, said he had no such instructions and sought one day’s adjournment from the court to ascertain the authenticity of the withdrawal application by Advocate Nayab Hussain Gardezi.

A section officer of the interior ministry, who had been issued bailable arrest warrants by the LHC for failing to appear before it and explain the reasons for putting the petitioner’s name on the ECL, appeared on Monday but requested that he should be heard in camera.

When contacted, Barrister Razzaq told Dawn, “I have received no instructions from my client to withdraw the case nor I have been able to contact her.”

He said he had no access to his client whose case he had been pursuing for the past four months and was worried about her safety.

Barrister Razzaq was pursuing the case of Dr Rakhshinda Parveen, executive vice-president of Sachet, an NGO founded by nuclear scientist Dr Abdul Qadeer Khan, since April.

Court record shows since the case was instituted in April, six judges have heard the case in a short span of almost four months including Justices Tanveer Bashir Ansari, Umar Atta Bandial, Muhammad Muzammil Khan, Nasim Sikander, Muzammil Khan and Sardar Aslam.

When contacted, Advocate Nayyab Hussain Gardezi, told Dawn that he was the new counsel for Dr Rakhshinda.

When asked if he could share any details of the case, Advocate Gardezi said, “I am sorry Sir. I have not received the file yet.”

In reply to a question if Dr Rakhshinda talked to him, Advocate Gardezi said, “yes, she herself talked to me.”

Asked what reasons she gave for appointing him on the case as her new advocate, Mr Gardezi said, “at the moment I cannot say anything as I have a meeting with her and would be given the documents.”

In reply to a question if the court had decided to hold in camera proceedings of the case, Advocate Gardezi said he was not aware of the development as some people were already present there before him and such decision was not taken in front of him.

In reply to a question if he made the statement for withdrawal in the chamber of the judge or in the open court, Advocate Gardezi said, “we have a procedure for withdrawal and adopted that procedure. I made the request in open court.”

Asked if he had been instructed to withdraw the case, Advocate Gardezi said, “yes.”

Advocate Gardezi said the court would again take up the case on Tuesday.

The interior ministry had earlier informed the LHC that it had put Dr Rakhshinda’s name on the ECL on January 27, 2004 “on the recommendations of a security agency due to security reasons.”