In 2018, Pakistan’s three-time Prime Minister Mian Muhammad Nawaz Sharif’s name was placed on the Exit Control List (ECL) after his conviction by the National Accountability Bureau (NAB) in the Avenfield corruption case. However, he was later acquitted and eventually went abroad to England. It was one of those high-profile cases that not only shook the national media but also garnered international attention. In this blog post, we will explore “the Exit Control List: how names are added and removed from it”, and also discuss whether the ECL violates the protection of freedom of movement under Article 15 of the Pakistani Constitution. Article 15 guarantees citizens the right to free movement, but the ECL restricts this right. So, get ready as we take you on a journey through the Exit Control List.
Table of Contents
What is the Exit Control List (ECL)?
The Exit Control List (ECL) is a list of citizens who are barred from leaving the country. People are usually added to the ECL if they are involved in serious cases such as corruption, terrorism, financial crimes, money laundering, or any activity that threatens the security or sovereignty of Pakistan. The aim is to ensure that such individuals remain in the country and face legal action rather than evading justice. In Pakistan, the laws on the ECL come from the Exit from Pakistan (Control) Ordinance, 1981, which gives the government the legal authority to prevent certain people from leaving the country. The Federal Investigation Agency (FIA) and the Ministry of Interior work together to implement this law. According to the ECL (Exit Control List) law in Pakistan, names are usually added to the list when a person is involved in serious crimes such as corruption, terrorism, or threats to national security. This is a way for the government to ensure that such people remain in the country and face legal action.
Regulating Statute: The Exit from Pakistan (Control) Ordinance, 1981
The Exit from Pakistan (Control) Ordinance, 1981 is an important and significant law that allows the government to impose legal restrictions on those who are believed to be acting against the interests of the country and its citizens. Under Section 2 of this Ordinance, the Ministry of Interior of the Federal Government of Pakistan is empowered to place the name of any person on the Exit Control List (ECL), even without assigning any specific reason. However, if a person is prevented from leaving the country under this section, he has the right to a review within 15 days as per Section 3 of the Ordinance. If the government is satisfied after reviewing the case, it can remove the name of the person from the ECL. This review process must be completed within 30 days, and a decision must be taken within that time.
How to check a name in the Exit Control List (ECL)?
You are not allowed to go abroad!
There are two main situations to check whether your name is on the Exit Control List (ECL):
1. If you live in Pakistan, you can visit the nearest passport office to check whether your name is on the ECL or not.
2. If you are living abroad, you can visit the nearest Pakistani consulate to check the status of your passport and your name on the ECL.
Can Overseas Pakistanis’ names be put in the ECL?
The government has the power to place a person on the Exit Control List (ECL) without assigning any reason. According to Section 2 of the Exit from Pakistan (Control) Ordinance, 1981, if a person is residing outside the country, his name can remain on the ECL until he returns to Pakistan, faces legal proceedings, and either acquits himself or is brought back under an extradition treaty with the country concerned. Only after the legal proceedings are completed, is the person’s name considered for removal from the ECL or for retention on it.
How are Names added & removed from ECL?
The addition and removal of names to the ECL are discussed below;
Addition of Names to the Exit Control List (ECL):
In Pakistan, names are added to the Exit Control List (ECL) under the rules laid down in the Exit from Pakistan (Control) Ordinance, 1981. The Ministry of Interior receives applications from various government departments, particularly the Federal Investigation Agency (FIA), the National Accountability Bureau (NAB) or other law enforcement agencies. If someone is involved in serious crimes such as corruption, terrorism, money laundering or threats to national security, their name may be recommended for inclusion in the ECL. A ministerial committee reviews the application, and after approval, the person’s name is officially placed on the list to prevent them from leaving the country.
Removal of Names from the Exit Control List (ECL):
Those in Pakistan can approach the High Court to request the removal of their name from the Exit Control List (ECL). If the court is satisfied, it can order the removal of the name. However, if there is a valid and substantial reason, such as involvement in a serious legal matter, then the accused will have to face legal action. Once the application is submitted, usually addressed to the Joint Secretary, a ministerial committee is formed to hear the case. After reviewing it, the cabinet will take the final decision on whether or not to remove the name from the ECL. For Pakistanis living abroad, they should visit the nearest consulate to check the status of their passport and find out whether their name is on the ECL. If so, the individual should prepare for the necessary legal procedures.
Freedom of Movement & Exit Control List (ECL):
Article 15 of the Constitution of Pakistan grants the fundamental right to freedom of movement, allowing every citizen to move and reside freely anywhere in the country. However, the question arises as to how the Exit Control List (ECL) can deprive citizens of this right? While Article 15 guarantees freedom of movement, it also allows the state to impose reasonable restrictions in the interest of public safety, national security, or the sovereignty of Pakistan. This means that if a citizen is involved in activities that threaten national security or public interest, the government has the power to put his name on the ECL and restrict his movement. Therefore, the ECL is not intended to violate the rights of innocent citizens. It is a legal tool used against individuals facing serious charges, such as corruption, terrorism, or acts against the state. Article 15 does not provide unrestricted freedom to criminals. But it protects the rights of law-abiding citizens who have not committed any crimes.
Conclusion:
The Exit Control List (ECL) is a legal tool used by the government to prevent certain people from leaving Pakistan. It is primarily for those involved in serious crimes or threats to the country. While Article 15 of the Constitution grants the right to freedom of movement, the state can restrict this right in the interest of national security and public interest. The process is guided by the Exit from Pakistan (Control) Ordinance 1981 and is managed by the Ministry of Interior with the help of agencies like the FIA.
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What does ECL stand for in Pakistan?
ECL stands for Exit Control List in Pakistan. It is a legal tool used by the government to prevent certain people from leaving Pakistan.
What is the full form of ECL?
The full form of ECL is Exit Control, which deals with the list of citizens who are barred from leaving the country.
What is ECL in Pakistan?
The Exit Control List (ECL) is a list of citizens who are barred from leaving the country.
How to check ECL Pakistan?
There are two main situations to check whether your name is on the Exit Control List (ECL):
1. If you live in Pakistan, you can visit the nearest passport office to check whether your name is on the ECL or not.
2. If you are living abroad, you can visit the nearest Pakistani consulate to check the status of your passport and your name on the ECL.
How to put name in ECL Pakistan?
In Pakistan, names are added to the Exit Control List (ECL) under the rules laid down in the Exit from Pakistan (Control) Ordinance, 1981. The Ministry of Interior receives applications from various government departments, particularly the Federal Investigation Agency (FIA), the National Accountability Bureau (NAB) or other law enforcement agencies. If someone is involved in serious crimes such as corruption, terrorism, money laundering or threats to national security, their name may be recommended for inclusion in the ECL. A ministerial committee reviews the application, and after approval, the person’s name is officially placed on the list to prevent them from leaving the country.
How can I remove my name from ECL?
Those in Pakistan can approach the High Court to request the removal of their name from the Exit Control List (ECL). If the court is satisfied, it can order the removal of the name. However, if there is a valid and substantial reason, such as involvement in a serious legal matter, then the accused will have to face legal action. Once the application is submitted, usually addressed to the Joint Secretary, a ministerial committee is formed to hear the case. After reviewing it, the cabinet will take the final decision on whether or not to remove the name from the ECL. For Pakistanis living abroad, they should visit the nearest consulate to check the status of their passport and find out whether their name is on the ECL. If so, the individual should prepare for the necessary legal procedures.
What is exit from Pakistan Control Ordinance 1981?
The Exit from Pakistan (Control) Ordinance, 1981 is an important and significant law that allows the government to impose legal restrictions on those who are believed to be acting against the interests of the country and its citizens. Under Section 2 of this Ordinance, the Ministry of Interior of the Federal Government of Pakistan is empowered to place the name of any person on the Exit Control List (ECL), even without assigning any specific reason. However, if a person is prevented from leaving the country under this section, he has the right to a review within 15 days as per Section 3 of the Ordinance. If the government is satisfied after reviewing the case, it can remove the name of the person from the ECL. This review process must be completed within 30 days, and a decision must be taken within that time.
