ISLAMABAD: The Supreme Court has observed that the amendments made on 22.04.2022 in the Exit From Pakistan (Control) Rules, 2010 have been enforced retrospectively, for the benefit of persons in authority in the government.
A five-judge bench, headed by Chief Justice Umar Ata Bandial, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi, and Justice Mohammad Ali Mazhar, will hear suo motu regarding the apprehension of undermining the criminal justice system on Friday.
In its written order of the 27th May hearing, which was issued on Tuesday, the bench said that the changes appear to have been done without the necessary authorization for giving such an effect to the amendments in the Rules.
The court said it is also not clear whether the Rules have been approved by the Federal Cabinet and, if so, whether beneficiaries of the amendments recused themselves from attending the relevant meeting. In this regard it has to be shown whether avoidance of conflict of interest was duly catered for; data regarding the names of the beneficiaries of such relief who have left Pakistan also needs to be provided.
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Attorney General for Pakistan Ashtar Ausaf has been asked to provide the foregoing information on the next date (June 3).
The order said that the names of 174 persons who are accused in the NAB cases have been removed from the Exit Control List (ECL). This was done, prima facie, without consulting the NAB authorities and as a result of a retrospective implementation of the amendments.
The attorney general was asked to apprise about the grounds that prevailed for dispensing with the consultation before passing the orders. The NAB authorities asked to specify the nature of offences under the NAB Ordinance alleged against those accused persons whose names have been removed from the ECL.
The court noted that the FIA report submitted in the last hearing deals with the security and protection of the record in one case only, whereas, our last order issued directions for ensuring that for all high-profile cases. It, therefore, asked the FIA to provide the list of all the high-profile cases. The Director-General and the Director, Law FIA were ordered to attend the Court on June 3.
Copyright Business Recorder, 2022
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