ISLAMABAD: The Supreme Court has expressed concern over the removal of names from the Exit Control List (ECL).
A five-member bench headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial heard a suo motu case on apprehensions that criminal justice might be undermined by people in positions of power.
The PTI has alleged the present coalition government allegedly started influencing cases and transferring investigators or officers related to corruption allegations.
Federal Investigation Agency (FIA) submitted a report that no government institution including the interior ministry tried to interfere in the prosecution of high-profile cases.
It added that the names of the suspects are put on the exit control list (ECL) on the recommendations of the government, courts, and other institutions.
The federal agency apprised the court that the government has recently amended the ECL rules and several persons were removed from the no-fly list under the amended rules.
The FIA clarified that the names of the nominated persons in high-profile cases are still included in the ECL. It also submitted the names of suspects on the list.
During the hearing on Friday, Chief Justice Bandial observed that changes had been made to the ECL Rules on April 22, 2022, and the names of those involved in corruption and tax theft of Rs10 million were removed.
Justice Munib Akhtar asked whether the Cabinet Division notification about the change in rules mentioned that they could be applied to names added in the past.
“Who benefitted from the rules?” asked Justice Sayyed Mazahar Ali Akbar Naqvi. He observed that the approval of the change in rules by a cabinet member who was facing cases would be a conflict of interest.
He asked for details of which cabinet members had benefitted to be submitted to the court. He went on to observe that a member who was facing charges could have disassociated himself from the changes.
The CJP noted that the National Accountability Bureau (NAB) had said it was not consulted prior to the removal of 174 names from the ECL.
Conflict of interest
The chief justice asked Attorney General Ashtar Ausaf to read section 2 of the ECL Rules, 2010, which is related to grounds to prohibit persons from proceeding from Pakistan to a destination outside the country.
He said according to the rules, those facing cases related to corruption, terrorism, tax evaders and loan defaulters cannot go abroad. “On whose asking did the cabinet amend the rules related to tax evaders and corruption?” he questioned.
Justice Ahsan asked whether names would automatically be removed from the ECL after 120 days, to which the attorney general replied in the affirmative.
Justice Naqvi observed that cabinet members had also benefitted from the rules. He questioned how can they introduce amendments for their personal benefit.
NAB’s counsel said that 174 of the people on the no-fly list were placed on the anti-graft watchdog’s recommendation. He said the bureau was not informed when their names were removed from the ECL.
The anti-graft watchdog also presented a detailed report on the transfer of its officers. Justice Naqvi questioned whether there was a conflict of interest considering that the name of cabinet members were on the ECL.
Justice Bandial said that the court would not declare the government’s decisions regarding the no-fly list null and void.
He said the court does not want to interfere with the affairs of the state.
The CJP had taken suo motu notice on the recommendations of a 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.
