Reference a news item that appeared in a section of press on 29th October, 2015, regarding rejection of NAB’s objections and deletion of names of 300 persons placed on ECL. It was also mentioned that those persons were under investigations and could not be deleted.
Ministry of Interior recently notified new parameters to be followed for placement on ECL on the recommendation of Supreme Court, High Courts, tribunals having equivalent status, Defence Headquarters, Intelligence agencies, NAB, FIA, Federal Government. The policy, inter alia, states that the placement period on ECL shall be three years excluding Terrorism, Espionage, Subversion, ATA 4th Schedule, Anti-state, Narcotics and Human trafficking cases.
The above policy was evolved through a process of consultants with the stake holders and Law experts, keeping in view that many person were languishing on the list for more than 25 years. No deletion mechanism or period of placement was ever recorded or fixed. It was also noted that after placement of names on ECL the departments concerned kept silent for a long period. Honorable High Courts have also given verdicts in many cases that denial of fundamental rights is against the Constitution of Islamic Republic of Pakistan.
All investigation agencies have the lawful powers to arrest the offenders or use other lawful methods to carry out the investigation or compel the accused to join investigation. The ECL mechanism was to be sparingly used with due care. It involves clear violation of fundamental rights of persons regarding their free movements
The policy Parameters were widely disseminated within all Departments/ Stakeholders. The representatives of NAB along with others participated in such briefings / meetings and it was notified that the person who were on ECL for more than 3 years were being removed from the list unless specially approved to the contrary. The policy / parameters shall strictly be adhered to for future placement on ECL.
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