IHC refuses to place Rana Shamim’s name on ECL

ISLAMABAD: Chief Justice Islamabad High Court (IHC) Justice Athar Minallah on Monday dismissed a plea seeking inclusion of former chief judge of Gilgit Baltistan Rana Muhammad Shamim's name on the Exit Control List (ECL).

The high court also rejected a petition wherein petitioner Rai Muhammad Nawaz Kharal, advocate, requested to become a party in the contempt of court case against the former judge. The petition was filed by Supreme Court lawyer Rai Muhammad Nawaz Kharal on December 3, requesting to place Justice (R) Rana Muhammad Shamim's name on the Exit Control List (ECL) and to become a party in the contempt of court case against him.

IHC Chief Justice Athar Minallah, while rejecting the plea, said that the contempt case was specifically between the court and the accused. How can the petitioner expect to become a party in the contempt case, the CJ questioned.

At this, the petitioner responded that they were privy to details in the case against Shamim. He urged the court to issue directives to the Ministry of Interior for putting Shamim's name on the ECL, so that he could not flee the country. The IHC chief justice said the matter didn't concern the court as it fell under the domain of the government. No one other than the [alleged] offender can claim to be a party in the case. The petition is the result of a misunderstanding, the IHC CJ said as he rejected the plea. After the hearing of the case, Chief Justice IHC Athar Minallah reserved the judgment and later on issued three-page verdict while rejecting both petitions filed by Rai Muhammad Nawaz Kharal, advocate.

Separately, Attorney General for Pakistan Barrister Khalid Jawed Khan submitted a letter to the IHC to facilitate the summoning of Rana Shamim's original affidavit from the UK. He also requested the court to make the letter a part of the court record.

According to the letter, the former chief judge of Gilgit Baltistan should give the affidavit to the Pakistan High Commission in London. He added that in order to avoid any sort of ambiguity, the affidavit should be sent to Pakistan's High Commission London in a sealed envelope.The Pakistan High Commission will send the affidavit to the registrar of the Islamabad High Court through the Ministry of Foreign Affairs, the top lawyer added.