PESHAWAR: Peshawar High Court on Wednesday issued notice to federal government, seeking its response to plea of wife and children of Dr Shakil Afridi, who challenged placing of their names in different travel restriction lists.

A bench consisting of Justice Syed Arshad Ali and Justice Farah Jamshed directed that the respondents including ministries of interior and defence should file replies to the petition jointly filed by Dr Shakil’s wife Imrana Shakeel and his three children, requesting to declare as illegal placement of their names in Passport Control List (PCL) and Provisional National Identification List (PNIL) by the government.

Advocate Arif Jan Afridi appeared for the petitioners and stated that they were earlier placed in Exit Control List (ECL) by federal government. He added that on Nov 16, 2023, the high court declared the said act of government as illegal and ordered removing their names from ECL.

He said that ministry of interior issued an order on June 14, 2024, through which their names were removed from ECL. However, he said that government now placed their names in PCL and PNIL and put restriction on their travelling abroad.

He argued that the petitioners had given applications to relevant officials for redressing their grievance but no response was given to them. He contended that the petitioners were law abiding citizens and never indulged in any crime. He added that if any illegality was committed by Dr Shakil Afridi, his spouse and children could not be made liable for it.

The additional attorney general, Sanaullah Khan, said that the petitioners had not included the ministry of defence as respondent in the petition. He added that the said ministry may be made a party in the case and be issued notice. The bench decided to make the ministry of defence a respondent in the petition.

Dr Shakil Afridi, a central character accused of helping American CIA in tracing Al Qaeda chief Osama bin Laden, has presently been serving 23-year prison term in Sahiwal Central Jail.

Following the 2023 order of the high court that declared placing of petitioners’ names in ECL illegal, federal government filed a review petition that was also disposed of in June 2024.

The high court had pointed out that in Para 19 of the detailed judgement the bench clearly mentioned that if federal government still felt that it possessed sufficient material regarding the alleged involvement of petitioner (Dr Shakil’s wife) and her children in the anti-state activities, reason best known to them, didn’t share with the court, could on the basis of that material proceed against them under the law to bring them to justice.

That bench had set aside the impugned memorandum of federal government of Dec 24, 2011, and ordered to remove their names from ECL and to release their passports.

Published in Dawn, March 20th, 2025