Justice Kayani recuses from ex-ISI chief case
ISLAMABAD: Justice Mohsin Akhtar Kayani of the Islamabad High Court (IHC) on Friday recused himself from hearing the petition of former director general of the Inter Services Intelligence (ISI) retired Lt-Gen Asad Durrani seeking removal of his name from the Exit Control List (ECL).
Citing personal reasons, Justice Kayani referred the case to the chief justice for transfer it to any other bench.
Subsequently, the hearing was adjourned without any progress.
Earlier last hearing, the defence ministry submitted a startling report that accused former spymaster for anti-state activities and stated that he is “affiliated/interacting with hostile elements specially Indian RAW since 2008.”
In 2018 the Military Intelligence (MI) had written to the interior ministry to put Mr Durrani’s name on the ECL for co-authoring a book, “The Spy Chronicles”, with Amarjit Singh Dulat, former chief of the Indian spy agency RAW.
After the court proceeding Farooq Adam Khan, counsel for Gen Durrani, told mediapersons that the report of the defence ministry was written somewhere else and not in the ministry.
The report stated that “a court of inquiry under the provision of Pakistan Army Act Rule 157 was convened to ascertain facts about the contents of the book and the circumstances under which the book was co-authored. Consequently, petitioners name was placed on the ECL vide memorandum dated May 29, 2018.”
It further stated that “the competent military authority has taken cognizance of the contents of the book after thorough deliberation and on the recommendation of the inquiry.”
The ministry highlighted that the book contained certain contents concerning to the National Security of Pakistan and it was a violation of Official Secret Act.
In the petition, Gen Durrani took the plea that the government had put his name on the ECL in connection with an inquiry related to a book he co-authored. The inquiry has since been concluded and he had also been punished accordingly; however, his name was still on the ECL, he said.
Published in Dawn, February 13th, 2021