ISLAMABAD: The Supreme Court (SC) on Friday sought a report on the procedure for amending the Exit Control List (ECL) Rules. At present, the government’s decisions regarding the ECL rules were not being annulled, it further added raising questions on amendments in the rules by somebody whose name was placed on the no-fly list.
The apex court five-member larger bench headed by Chief Justice Umar Ata Bandial heard the suo moto notice on interference of high personalities in investigative agencies.
During the hearing, the chief justice asked the attorney general to read Section 2 of the ECL Rules, 2010. According to the section, corrupt, terrorists, tax evaders and loan defaulters could not leave the country, he said.
The CJ wondered that at whose request the federal cabinet amended the rule related to those involved in corruption and tax evasion. “Has the federal cabinet approved the rules?” he questioned.
To this, the AGP replied he would present the minutes of the cabinet meeting which approved the rules.
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Justice Ijaz-ul-Ahsan inquired would the name automatically be removed from the ECL after 120 days. “Can such approval be obtained through circulation summary? It is the job of the cabinet to review and decide each case,” he said.
The AGP replied 120 days would apply from the day the name entered the ECL.
Justice Mazahir Naqvi remarked that cabinet members themselves benefited from the amendment. “How can cabinet members make amendments for their own benefit?” he queried.
Justice Muneeb Akhtar in his remarks asked if there was any code of conduct that if the minister was an accused then the relevant file should not go to him. The court sought details of the names of the cabinet members expelled from the ECL. “It is learned that there are only allegations against the federal ministers now. Accused ministers should not sit in such meetings themselves,” he said.
Justice Muhammad Ali Mazhar wondered that how the accused could amend the rules for his own benefit.
The chief justice remarked that according to the NAB, names of the accused were removed from the ECL without asking them. According to the NAB, 174 names had been removed from the ECL, he said.
Justice Muneeb Akhtar remarked that approval of change of rules by a cabinet minister facing cases was a conflict of interest. Provide details of the cabinet members who benefited from it, he ordered. A cabinet minister facing charges could have disassociated himself, he suggested.
Chief Justice Bandial said the NAB said, “We have not been consulted before 174 names were removed.”
To this NAB counsel said 174 persons were nominated by the accountability watchdog.
Chief Justice Ata Umar Bandial remarked that the NAB lawyer was not asked when the name was mentioned. “How names are added in the ECL,” he asked.
The NAB prosecutor argued that they had SOPs to place a name on the ECL. The NAB submitted a detailed report on transfer of its officers, he said. The DGHR recommended the transfer and the chairman issued orders on it, he said.
Justice Muhammad Ali Mazhar said after the amendment in the ECL rules, the procedure of review ended. “Is it not a conflict of interest to amend get the ECL rules amended by the cabinet members whose names were on the ECL?” he asked.
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The AGP said let’s see if the members whose names were in ECL were present in the amendment committee meeting or not. Law Minister Nazir Tarar had proposed amendment to the ECL rules, he maintained.
Chief Justice Bandial asked him to submit a report on the procedure for amending the ECL Rules. At present, the government’s decisions regarding ECL rules were not being annulled. Some rules of law were necessary, he said.
He further remarked they didn’t want to interfere in the affairs of the administration. The Supreme Court would take action if any action was taken against the state’s interest, he warned.
The apex court also discussed the FIA report regarding transfer of FIA officers in the case of Prime Minister and Chief Minister of Punjab.
Justice Ejaz-ul-Haq remarked that the FIA report gave the impression that many cases were covered through frivolous measures: Law ministry suspends FIA prosecutors including Sikandar Zulqarnain on May 13. Apparently, the FIA prosecutors had been suspended on the ground of non-appearance in two hearings of the case, he said.
The chief justice remarked that ostensibly, the FIA prosecution team was changed to stop the proceedings. Article 248 did not exempt ministers from criminal proceedings, he said. Criminal proceedings against federal ministers should continue, he said. “Criminal system should be the same for all. I want the system to run in a reliable manner. Different treatment in cases against higher authorities has come to notice,” the CJ added.
Justice Mazahir Naqvi asked about the progress made in the cases of Prime Minister and Punjab Chief Minister since their coming into the government.
Justice Ijaz-ul-Ahsan also sought record of transfer of the FIA investigating officers. “Is the record of FIA cases safe?” he asked.
The AGP told the court that all the FIA records were safe.
The court ordered to submit a written certificate of record keeping by DG. The DG FIA will be held responsible if there was any discrepancy in the record.
The apex court has summoned the Director Law Operation FIA along with record and adjourned the hearing.
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