People removed from ECL can’t go abroad without permission from Interior Ministry: SC
ISLAMABAD, June 14 (SABAH): Chief Justice of Pakistan Justice Umar Ata Bandial on Tuesday said the Supreme Court of Pakistan would not let any institutions transgress their mandate while observing that the executive (federal government) needed to use its powers in light of the Constitution and law. Meanwhile the Supreme Court has directed the federal government to ensure that people whose names have removed from the Exit Control List (ECL) can’t go abroad without permission from the Interior Ministry.
The chief justice is heading a five-member bench on the suo motu notice taken regarding the Apprehension of Undermining the Criminal Justice System by Persons in Authority. Prima Facie Violation of Article 10 A, 25 and 4 of the Constitution v. The other members of the bench are Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Muhammad Ali Mazhar.
At the start of the hearing on Tuesday Attorney General for Pakistan Ashtar Ausaf Ali said that he is ill so he will be represented by Additional Attorney General Chaudhry Aamir Rehman.
During the hearing on Tuesday, Justice Bandial said the current circumstances were “extraordinary” in nature as the political party that had held a majority in parliament has resigned en masse. He said Pakistan was facing an economic crisis as well.
Justice Bandial said the court would not let anyone take advantage of the current situation and added that “[even] one-sided parliament should legislate as per the legal requirements”.
“In order for the system to function we all need to work together,” Justice Bandial said, adding that the court would keep a “close watch” to stop transgressions by any institution. He added that the top court did not want to issue a ruling that would create hurdles for the government.
During the hearing, Justice Munib Akhtar asked if there was a legal reason behind the removal of the names from the ECL. Justice Ijazul Ahsan asked why did the government act so fast to remove the names.
Additional Attorney General Chaudhry Aamir Rehman said that the names of the cabinet members were on the ECL and added that similar practices had been prevalent in the past as well.
“Is this the reply of the government that since it has happened in the past, it will continue to happen in the present too,” quipped Justice Mazahar Ali Naqvi.
CJ Bandial said influential persons benefited from the amendments and added that if someone thought that the case against them was not strong, they should approach the courts. Justice Bandial, however, appreciated PM Mian Muhammad Shehbaz Sharif and his son Hamza Shahbaz Sharif appearing in person for bail. He, however, added that the court would peruse the bail order.
Justice Ahsan asked if the cabinet approved the changes to the ECL rules. The government’s lawyer responded that the issue was under consideration by the cabinet committee concerned with legislation.
The additional attorney-general said the attorney general of Pakistan office held a meeting with all stakeholders after the SC order regarding the ECL. During the meeting, the observations and questions made by the court were discussed.
“Where are the minutes of the meeting,” Justice Mazahar asked. The minutes will be available in a few days, the lawyer responded. He further said that SOPs regarding amendments in ECL rules have been forwarded to all departments.
He said the authorities would look at cases of individuals whose names were removed from the ECL and added that the rules would be made after consultations with the National Accountability Bureau and Federal Investigation Agency.
Justice Bandial asked how could someone, who will be the beneficiary in the case, engage in an amendment of the rules.
Subsequently, the top court directed that the people whose names were on the ECL and were removed would need to approach the interior ministry if they wanted to go abroad. The additional attorney assured that the court’s interim order would be complied with till legislation regarding the ECL rules is completed.
Justice Bandial said the SC wanted the supremacy of law and rules should not be compromised for the government members facing cases in courts.
Subsequently, the hearing was adjourned till June 27. The court has summoned the minutes of the meeting of the cabinet session held on Monday. Chief Justice Umar Ata Bandial said that the written order of this hearing will be issued later on.
Meanwhile during the heating DG Federal Investigation Agency (FIA) Rai Muhammad Tahir submitted to the court the record of 40 high-profile cases. The documented evidence was submitted in a sealed envelope while digital records were provided in a USB.
As per the record, the names of 14 high-profile accused, including PM Shehbaz Sharif and Punjab Chief Minister Hamza Shahbaz, were removed from the ECL. Aijaz Haroon — an accused in the National Accountability Bureau’s (NAB) fake account cases — traveled out of country after his name was removed from the no-fly list and never returned.
However, Haroon’s counsel informed the court that Haroon was allowed to leave the country for a month but he returned before the time ended. He said that Haroon is in Pakistan and will face the cases against him.
Meanwhile, NAB sought a two-week extension for the submission of records.
It is worth mentioning here that the CJP had taken suo motu notice at the recommendations of an SC judge on perceived interference in the independence of the prosecution branch in the performance of its power and duties for investigation and prosecution of pending criminal matters involving persons in authority in government.
According to a press release issued by the apex court, such interference could influence the prosecution of cases, result in tampering or disappearance of evidence in courts or in possession of prosecuting agencies and lead to transfers and postings of officers on key posts.
The press release said that such actions, along with “media reports” about changes in accountability laws, were likely to “undermine” the functioning of the country’s criminal justice system.
“That [is tantamount] to violation of fundamental rights affecting the society as a whole and eroding [of] the confidence of the people in the rule of law and constitutionalism in the country,” it added.
The SC press release did not indicate which “pending criminal matters” it was referring to. However, the Federal Investigation Agency (FIA) is currently pursuing a money laundering case against Prime Minister Shehbaz Sharif and Punjab Chief Minister Hamza Shehbaz, whose indictment has been delayed since February.
The notice also comes amid allegations leveled by the PTI that soon after coming into power, the present coalition government allegedly started influencing different cases and transferring investigators or officers supervising cases, especially related to corruption allegations.
The National Assembly and the Senate passed the NAB (Second Amendment) Bill 2021 last month, clipping the vast powers of the anti-graft watchdog.