The Supreme Court on Tuesday directed the federal government to ensure that people on the Exit Control List (ECL) do not travel abroad without the permission of the Ministry of Interior as it held its automatic hearing in “alleged interference” by “individuals in authority”. started again. criminal investigation.
A five-judge bench of Chief Justice of Pakistan (CJP) Umar Ata Bandiyal, Justice Ijazul Ahsan, Justice Muneeb Akhtar, Justice Syed Mazhar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar resumed the hearing.
During the last hearing on June 3, the Supreme Court gave instructions The coalition government will issue an order otherwise within a week to bring the recent changes to the ECL’s rules “within the scope” of the law.
On 22 April the government presented significant change To rules governing citizens’ exit from the country in an effort to end the practice of putting people on a no-fly list for years and even more than a decade.
During the hearing today, Additional Attorney General (AAG) Chaudhry Amir Rehman told the bench that after the previous hearing of the court, a meeting was held in the Attorney General’s office which was attended by all the stakeholders.
“A cabinet committee meeting on ECL rules was also held yesterday,” he said, adding that all the observations and queries of the apex court were put forward in it.
Here, Justice Mazhar inquired about the minutes of the meeting. “They will be available in a day or two,” Rahman replied. He said that the cabinet has also summoned the Attorney General.
He further said, the Attorney General’s office has prepared the SOP regarding amendment in ECL rules and sent them to all the stakeholders. “All names removed from the list will be reviewed one by one.”
Thereafter, Justice Ahsan asked what would happen to the names already removed from the list and the amendments already made.
The AAG responded, “The new rules will be framed in consultation with the National Accountability Bureau and the Federal Investigation Agency.”
Meanwhile, Justice Bandiyal wondered how those who were “beneficiaries” could amend the rules. He ruled that people whose names were in the ECL would not be allowed to travel abroad without the permission of the Ministry of Interior.
“Only those going for any work related to the government should be allowed,” he said.
Responding to the CJ’s directions, Rehman assured the court that these orders would be followed till the government completed the law making process.
‘Amendment in ECP rules benefited those in power’
At one point during the hearing, Justice Bandiyal raised the question of people benefiting from the amendments made in the ECP rules.
He stressed that the rule of law is important and normal procedure should not be compromised for those whose cases are pending.
“The current situation is unique… the country is currently suffering from an economic crisis,” the Chief Justice said, urging the executive to use its powers in the light of the law and the Constitution.
“We will not allow any investigative organisation, agency or state organ to exceed its limits,” he said.
The Chief Justice further remarked that for order to survive, it was important for everyone to work together. “The law from the unilateral Parliament should be in line with the legal requirements,” he said, stressing that this is not the time to take advantage (out of the situation).
He said that he does not want to pass such an order which will make the government difficult.
‘The cabinet seems to have abolished the ECL’
Meanwhile, Justice Ahsan asked why the government was in a hurry to remove the names from the list. “What was the matter that the cabinet removed the names within two days?”
The AAG replied that the names of the cabinet members were in the list. “In the past also, names like this have been removed from the ECL,” he argued.
“Is this the government’s response … that this has happened now as it happened in the past?” Justice Naqvi asked.
Thereafter, Justice Bandiyal remarked that the authorities took advantage of (the situation) by amending the rules. He said, “If anyone feels that a case is not powerful, they should approach the courts. But the cabinet seems to have done away with ECL completely.”
Later, during the proceedings, the Chief Justice commended Prime Minister Shahbaz Sharif and Punjab Chief Minister Hamza Shahbaz. Presence in court for anticipatory bail in person, saying it will also review it court ruling,
Thereafter the hearing was adjourned till June 27. The court has summoned the minutes of the cabinet session meeting held on Monday.
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CJP had taken his fat notice On the recommendations of a SC Judge on alleged interference in the independence of the Prosecution Branch in the performance of its power and duties for investigation and prosecution of pending criminal cases involving persons having authority in the Government.
According to a press release issued by the top court, such interference may affect the prosecution of cases, which may result in tampering or disappearance of evidence in courts or in the possession of prosecuting agencies and officials in key positions. Transfer and posting may take place.
Such actions, along with “media reports” about changes to accountability laws, could “undermine” the functioning of the country’s criminal justice system, the press release said.
“that [is tantamount] Violating and destroying fundamental rights affecting the society as a whole [of] People have faith in the rule of law and constitutionality in the country.”
The Supreme Court press release did not indicate which “pending criminal cases” he was referring to. However, the Federal Investigation Agency (FIA) is currently running a money laundering case against Prime Minister Shehbaz Sharif and Punjab Chief Minister Hamza Shahbaz, whose indictment has been delayed since February.
The notice also comes amid allegations by PTI that soon after coming to power, the present coalition government allegedly started influencing various matters and asking investigators or officials to investigate matters especially related to allegations of corruption. started monitoring.
National Assembly and Senate pass Last month’s NAB (Second Amendment) Bill 2021, cutting across the vast powers of the anti-corruption watchdog.