Director Law Defence Ministry Falak Naz informed the court that Durrani had written a book along with the former chief of the Indian spy agency. He said Durrani had remained the DG Military Intelligence and the DG ISI and there was a pending inquiry against him in the GHQ.
The court asked when the inquiry would be completed. Naz replied he could not speculate about it, adding that Durrani had also been a part of the 2012 Asghar Khan case regarding distribution of money to politicians. At this, the former DG ISI's lawyer Omar said that they were not sent any notice regarding the inquiry. He added that the former DG ISI was once called to the GHQ for tea "during which only chit chat took place".
Durrani's counsel said that the name of General Aslam Baig (retd) was not placed on the ECL in the Asghar Khan case. He argued that his client had to go abroad for a conference on November 26 and 27, and his name should be removed from the ECL. Justice Kayani said unless the GHQ inquiry report and Interior Ministry's reply are submitted, nothing could be done and directed Defense Ministry to submit the inquiry report of the GHQ.
The former DG ISI approached the court with the contention that he had retired from army in the year 1993 as a three-star general and since then he has served as Pakistan's ambassador to Germany and Saudi Arabia while he has numerously represented Pakistan in various seminars, conferences and dialogues both nationally and around the world.
He added that on 29th May, 2018 without any notice or intimation, a memorandum placing the petitioner's name on the ECL was issued by the respondents. The reason given therein is his alleged involvement in an ongoing inquiry.
Durrani told the court that on 5th September, he requested the Adjutant General Pakistan Army to remove his name from the ECL on account of professional commitments and that he and his wife wanted to visit their grandchildren living abroad.
He continued that after receiving no response from the Adjutant General Officer, the petitioner requested secretary interior to review his decision and remove his name from the ECL.
The petitioner maintained that respondents have failed to respond to the petitioner's numerous requests for removal of his name from the ECL. "They are in breach of petitioner's fundamental rights as guaranteed by Articles 4, 9, 15 and 18 of the Constitution of Islamic Republic of Pakistan, 1973," added Durrani.
He has prayed to the court to quash the impugned memorandum of placing his name on the ECL for being illegal, arbitrary, without jurisdiction and contrary to law and articles of the Constitution of Pakistan.