ISLAMABAD: The Islamabad High Court on Thursday issued a notice to the interior ministry on a petition seeking removal of the name of Pakistan Tehreek-i-Insaf (PTI) leader Syed Zulfikar Abbasi Bukhari, aka Zulfi Bukhari, from the blacklist.

While declining to issue an interim order on the matter sought by the petitioner, Justice Aamer Farooq of the IHC also summoned the ministry’s section officer, who deals with cases pertaining to the Exit Control List, to appear before the court at the next hearing on June 21.

Sikandar Bashir Mohmand, the counsel for petitioner Zulfi Bukhari, argued that his client, a British national, left for Saudi Arabia to perform Umrah, along with PTI chairman Imran Khan, in a special flight from the Noor Khan Airbase when the Federal Investigation Agency (FIA) informed him that his name was on the blacklist.

According to the petition, Mr Bukhari is facing an inquiry and the National Accountability Bureau (NAB) has issued multiple notices to him since February this year. The petitioner responded to the third notice and stated that since he was a British national, NAB lacked the jurisdiction to investigate him.

Court issues notice to interior ministry, summons ECL section officer

The petition recalled the episode of June 11 when Mr Bukhari was briefly stopped from boarding the special flight but later allowed when Imran Khan directly spoke to the “quarters concerned”.

It may be mentioned that caretaker Prime Minister Nasirul Mulk also ordered an inquiry as to how Mr Bukhari was allowed to travel abroad while his name was on the no-fly list.

When the counsel requested the court to set aside the interior ministry’s order of including the name of Mr Bukhari in the blacklist, Justice Aamer Farooq remarked: “Why do you need an interim order that will take a couple of days to reach the respondent authorities, while you have the power to achieve the desired results in less than half an hour on just a phone call.”

When the judge asked the counsel if he was aware of the concept behind blacklisting a suspect, the latter replied in the negative. Justice Farooq then explained that the purpose of blacklisting of an accused was to bar him from entering a country.

The petition said: “On June 11, 2018, the petitioner (Zulfi Bukhari) was in Pakistan and had planned to travel from Islamabad to Saudi Arabia to perform Umra along with his close and trusted friend Imran Khan. To the surprise of the petitioner, whilst at the airport in Islamabad, he was informed verbally by the FIA and other officials that he was barred from exiting the country…After having delayed the flight of the petitioner for a considerable amount of time, the section officer of the interior ministry issued a letter with the subject ‘one-time permission’ that the petitioner has been granted one-time permission for a period of six days following the issuance [of permission], the petitioner was allowed to take his flight and leave for Saudi Arabia to perform Umra.”

The counsel argued that the interior ministry included Mr Bukhari’s name in the blacklist in violation of the principle of natural justice. He requested the court to set aside this order and direct the respondent authorities to “immediately lift any travel restrictions on the petitioner and permanently restrain the respondents from impeding or impairing the right of the petitioner to freely travel to and from and within Pakistan”.

The petition cited the interior secretary, director general of immigration and passports, FIA, NAB and ECL section officer as respondents.

The court after hearing preliminary arguments adjourned the proceedings till June 21.

Published in Dawn, June 15th, 2018