People in authority benefited from changes in ECL rules: Supreme Court

ISLAMABAD: Chief Justice of Pakistan Justice Umer Ata Bandial on Tuesday said it was mandatory for all those on the Exit Control List to seek the interior ministry’s permission to travel abroad.

A five-member bench of the apex court, headed by Chief Justice Umer Ata Bandial, was hearing a suo motu case on perceived interference in pending criminal matters involving persons in authority. The other members of the bench were Justice Ijazul Ahsen, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar.

The CJP said the people in authority had made changes in the ECL rules and benefited from it, adding that the cabinet members had apparently abolished the list. The Supreme Court also held that the accused whose cases were pending with the National Accountability Bureau and names were also on the ECL, would be required to take permission from the anti-graft body before going abroad.

The SC further directed that the accused having court orders against them would have to seek permission from the courts concerned before travel. In pursuance of the order, the FIA DG said a detailed record pertaining to high-profile cases had been submitted to the court.

While the National Accountability Bureau (NAB) sought one week for doing the needful. The court accepted it and directed the anti-graft body to submit the report on the next date of hearing.

During the hearing, Chief Justice Umer Ata Bandial said that it was heartening that both the prime minister and Punjab chief minister had appeared before the Special Court for confirmation of their pre-arrest bails. The CJP said that they would examine the special court order confirming their bails subject to the FIA move.

"If the FIA files an appeal in the apex court against the order of the special court, it will be examined," the CJP remarked. The chief justice said that the current situation of the country was unique, adding the majority party had left parliament while the country was facing an economic crisis.

“But the system should continue and one should not take advantage of the prevailing situation,” the CJP said, adding that the executive should exercise its powers in a transparent manner. “We will keep a check so that no organ of the state could exceed limits while exercising its powers,” the CJP said and added that they will not impose such bans that may cause problems for the government.

At the outset of the hearing, Additional Attorney-General Aamir Rehman appeared before the court. Justice Ijazul Ahsen asked the official if measures had been taken to remove the loopholes after changing the ECL rules.

The AAG submitted that a sub-committee of the federal cabinet had held a meeting for two hours and examined the changes made in the ECL rules. “Why the minutes of the meeting were not shared with the court," asked Justice Mazahir Ali Akbar Naqvi. The law officer replied that the minutes of the meeting were being prepared and would be shared with the court.

Replying to a question by Justice Ijazul Ahsen, the AAG said that the changes made in the ECL rules would remain intact though a case-to-case examination was going on. “But where will the law stand?” Justice Munib Akhtar, another member of the bench, said.

Justice Ahsen asked the official if a new mechanism was being chalked out, then put the names of all those back on the ECL. The AAG said that all the questions and observations made by the court would be thoroughly addressed. At this, Justice Munib Akhtar said he was not replying to the court’s questions clearly. “It seems the government stands on a weak wicket,” Justice Munib Akhtar remarked, adding that those who had changed the ECL rules were the beneficiaries.

Justice Ijazul Ahsen asked the official if names of the accused had been removed from the ECL in haste. The AAG replied that the government was working on the directions of the court, adding that in the past names had been removed from the ECL in the same manner. “So this is the reply of the government that whatever happened in the past will be repeated,” Justice Mazahir Ali Akbar Naqvi said.

The official said the whole exercise would be completed in a week in line with the court’s directions. “Changes should not be made in a legal system to such an extent that could raise questions on its transparency,” the CJP remarked, adding that the court proceedings were meant to maintain the rule of law and supremacy of the Constitution.

Replying to a question, the AAG said Aviation Minister Khawaja Saad Rafique was not among the beneficiaries as he had filed a review petition for removing his name form the ECL and the cabinet had approved his plea.

Justice Mazahir Ali Akbar Naqvi asked if the cabinet could decide such a matter while Justice Ijazul Ahsen asked if it meant that “you’re a judge, a legislator and an interpreter at the same time.” Later, the court adjourned the hearing until June 27.