The Supreme Court has directed the federal government to bring the recent changes in the rules of the Exit Control List (ECL) within the amb...
The Supreme Court has directed the federal government to bring the recent changes in the rules of the Exit Control List (ECL) within the ambit of law within a week and warned that in case of non-compliance with the directive, an order should be issued. Will
Interior Minister Rana Sanaullah had said on April 22 that the government had introduced significant changes in the ECL rules to end the practice of naming people in ECL for years and decades.
A five-member bench headed by Chief Justice of Pakistan Omar Ata Bandial and comprising Justice Ijaz-ul-Ahsan, Justice Muneeb Akhtar, Justice Syed Mazahir Ali Akbar Naqvi and Justice Muhammad Ali Mazhar raised concerns about the weakening of the justice process by those in power. Nazar had taken notice of it.
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When the hearing on the suo motu notice started today, Chief Justice Omar Ata Bandial directed the government to take appropriate steps to bring the amendment under the purview of law. We do not want to interfere in the administrative powers at this time.
At the outset of the hearing, the Chief Justice asked Attorney General Ashtar Osaf about the procedure for removing names from the ECL.
The Attorney General replied that we have received a letter from the person concerned that an investigation is underway, so put your name in the EC. Traveling abroad and free movement is a constitutional right of every citizen. The name cannot be entered in the ECL due to an agency investigation.
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The attorney general added that the federal government reviews freedom of movement and the charges against it before enrolling a person in the ECL. The government amended the ECL rules to meet all legal requirements. The Federal Cabinet wrote in the ECL Rules Amendment that they will be applicable from the past, the amendment in the ECL Rules is at the discretion of the Federal Government.
He said that the reason for removing the names of the members of the federal cabinet from the ECL was to carry out independent governmental affairs.
Man released by court ordered to be sent to jail
The Chief Justice said that we know that you have also released a person whom we had ordered to be kept in custody. In reply, the Attorney General said that the reference against him was from 2018.
The Chief Justice said that our order was dated 2021. The Attorney General replied that his order was carried out and his release was a result of the decision of the reference.
The Chief Justice said that if the NAB or any investigating agency is conducting an investigation against someone, then you should consult with that agency and remove the name from the ECL. Are added.
The Chief Justice remarked that this means that NAB is deliberately asking to put one's name in ECL. Corruption is a serious crime and every case of NAB is a case of corruption. NAB includes the name of every accused in ECL. According to NAB, the names of corruption accused of billions of rupees were removed from ECL.
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The Attorney General replied that the NAB can approach for re-incorporation if required. On this, the Chief Justice said that the NAB would be able to refer only if it knew how to remove the name. L was removed from the list which was included by the Supreme Court.
During the hearing, Justice Mazahir Naqvi remarked that it would have been better if the names of each case had been examined separately.
The Chief Justice remarked that at present there is no interference in the functions of the executive, a minister is working on financial matters, we give you some time, you follow the law, we give you 2 weeks. Given the time, we want equal justice by enforcing the law.
Should such an amendment be made if it is benefiting relatives or friends? '
During the hearing, the Chief Justice asked why the amendment to the ECL Rules had been applied in the past.
The Attorney General replied that the application of the amendment in the past was not intended for specific persons, to which Justice Muneeb Akhtar inquired whether such an amendment should be made if the relatives or friends of the amenders were benefiting.
Justice Mazahir Naqvi remarked that you have written that going abroad is a fundamental right, the Attorney General replied that we have said that free movement is a basic right of a citizen.
The Chief Justice remarked that changes have been made as per the FIA report.
Justice Muneeb Akhtar asked why the names of the accused were removed from ECL. Not to mention that the ECL Rules Amendment is not applicable from previous dates, how can the Ministers involved in ECL decide to remove the names?
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The Chief Justice remarked that the name of Khawaja Saad Rafique had been included by the court, to which the Attorney General replied that Saad Rafique was not present in the cabinet meeting.
Justice Muneeb Akhtar remarked that according to the record, Saad Rafique has approved the ECL rules. Shouldn't the ministers themselves have been separated from the matter? How can one make government decisions for personal gain? Is there a code of conduct for ministers regarding personal cases?
The Attorney General replied that under the Code of Conduct, a personal case does not go to the Minister.
Justice Muneeb Akhtar asked why the code of conduct was not implemented.
The Attorney General said that if the name of the Prime Minister is in the ECL, will the Cabinet not make a decision?
Justice Muneeb Akhtar said that it would be appropriate if the cabinet was formed without the name of ECL.
The Chief Justice said that no action was being taken to punish anyone.
One week deadline for the government to legalize ECL amendments
Chief Justice Omar Ata Bandial said that they give a week to the government otherwise they will issue an order. It is possible that the court order will create difficulties.
He further added that he did not want to interfere in the executive power at present, did not name names but a minister was carrying out important economic matters.
Justice Muneeb Akhtar asked who decided to implement the ECL amendments from the previous dates.
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The Attorney General said that the decision to remove the names and implement them from the previous dates was taken on the recommendations of the sub-committee.
Justice Mazahir Ali Akbar said that the government says that going abroad is a fundamental right. If going abroad is a fundamental right then what is the justification of ECL? In response, the Attorney General said that in my opinion there should be no ECL.
The Chief Justice said that personal opinion should not be used in the case, honesty, fairness and transparency should be taken into consideration while exercising powers.
Chief Justice's remarks on justice system
During the hearing, DG FIA Tahir Rai, summoned by the court, said that eight persons, including PPP's Sharjeel Memon, went abroad and did not return later.
The Chief Justice remarked that the dates in the FIA list were not written correctly, during the trial the prosecutor said that if the record is not found then there is a problem, in NAB cases it has been the case that the record was not found.
He said that if there is no material in any case, it is a different matter. Take them back
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The Chief Justice further said that not doing proper work of prosecution has bad effect on the justice system, justice system needs to be improved, it is wrong to say that Pakistan's judiciary is ranked 128th, not Pakistan's ranking data but impression. Based on
He said that no innocent person should be kept in jail, wrong decisions are changed by the high court, 90% of the decisions are upheld in the high court, after court decisions people forgive in the name of Allah, it must be seen. Serious criminals should be pardoned or not.
The Chief Justice directed the DG FIA to inform the court if anyone talks of forcibly filing a case, you are a civil servant, do not accept anyone's interference, if anyone puts pressure on you, tell the court. Protection will be provided.
Seek record of high profile cases of FIA and NAB
During the hearing, the court directed to seek record of high profile cases of FIA and NAB and said that soft copy of all evidence and record should be submitted to the Supreme Court. You will find that the FIA can replace officers other than investigating officers and prosecutors.
The Prosecutor General said that the NAB should be given time to review the cases, adding that implementation of the orders would be possible only after the appointment of Chairman NAB.
The Chief Justice warned that if anyone puts pressure on the NAB, it should inform the court.
Justice Mazahir Naqvi inquired whether the charge of Chairman NAB has been given to any officer.
The Chief Justice said that with reference to the Chairman NAB, it is expected that the government will make a thoughtful appointment, they are keeping an eye on the matter. No pressure from outside the system should be accepted or deployed.
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Talking to the Attorney General, he said, "I hope you understand what I mean. The NAB should also ensure that its institution is not used for revenge against anyone."
The Additional Attorney General said that 30 people went abroad after their names were removed from ECL, 23 returned, 7 did not return, Sharjeel Inam Memon also went abroad and did not return.
The Chief Justice said that it is a shame for the court when the prosecutor says that no record has been found. This has happened in the past in NAB cases.
"We are concerned that there should be an independent investigation and a transparent trial, not that the record should be lost or that witnesses should be silenced," he said.
The case was later adjourned till June 14.
background
It may be recalled that on May 18, Chief Justice Omar Ata Bandial had taken suo motu notice of the impression that government figures were interfering in the investigation of pending cases.
A statement from the Supreme Court said, "There is a danger of interfering in the discharge of powers and duties of the prosecution branch for the prosecution and investigation of pending criminal cases against persons in the present government."
The apex court had said that it was feared that such interference could affect the investigation of cases, alteration or disappearance of evidence in the courts or possession of investigative agencies and transfers and appointments to important posts.
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"Such actions to change accountability laws are tantamount to degrading the justice system in the country, with media reports," the statement said.
"This is tantamount to a violation of fundamental rights which is affecting the society as a whole and shaking the confidence of the people in the rule of law and constitution in the country," the statement said.
On May 19, the Supreme Court banned appointments and transfers in high-profile cases and restrained the National Accountability Bureau (NAB) and the Federal Investigation Agency (FIA) from withdrawing any cases from the judicial forum.
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It is to be noted that the statement issued by the Supreme Court did not say who was referring to the pending criminal cases, however, the Federal Investigation Agency (FIA) is currently against Prime Minister Shahbaz Sharif and Punjab Chief Minister Hamza Shahbaz. Is pursuing a money laundering case whose indictment has been delayed since February.
The notice came at a time when allegations were being made by the PTI that immediately after coming to power, the present coalition government began to influence various cases related to allegations of corruption and investigators or cases. Began exchanging officers overseeing
It may be recalled that the National Assembly and the Senate had last month passed the NAB (Second Amendment) Bill 2021 in which most of the powers of the NAB were abolished.
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