The Supreme Court on Wednesday reserved its verdict on the Customs Collector appeal challenging the Sindh High Court (SHC) judgment that had issued directives to the Interior Ministry to remove the name of supermodel Ayyan Ali from the Exit Control List (ECL).
During March 2015, Ayyan Ali was booked in money laundering case when customs officials nabbed her form Benzair International Islamabad airport after recovering $506,800 from her luggage while leaving for UAE. After spending almost four months in Adiala prison Rawalpindi she was granted bail amid returning travel documents and then she succeeded to get the SHC order for deletion of name from the ECL on March 07. Appearing before a three member judge bench of the Justice Ejaz Afzal Khan in the matter, on behalf of Custom Collectorate Farhat Nawaz Lodhi pleaded that Ayyan Ali should have approached the Ministry of Interior against the placement of her name in the ECL. Lodhi argued that instead of filing review petition before the Ministry of Interior in accordance with law, she had invoked the SHC jurisdiction against the ministry order which, he alleged, declared the order of the ministry void without jurisdiction.
He apprised the court that besides ordering to remove Ayyan's name from the ECL the SHC had also issued directives to the Interior Ministry to place names of all those who were on the ECL on its websites. The bench remarked that the matter in hand should not be treated differently to which Lodhi said that the current matter should have been dealt in accordance with the law, saying unfortunately it was not done by the SHC. Lodhi pointed out that a substantial amount $506800 was recovered from Ayyan Ali luggage even she didn't deny the recovery saying ten times penalty could be imposed on her under the Customs Act.
Justice Ejaz Afzal Khan observed that a person can go abroad even on pleasure trip and asked Lodhi is there any apprehension that Ayyan Ali would not return to country once she flies abroad. To which Lodhi contended that the charges have been framed against Ayyan Ali and the trial is pending before a Customs Court as well saying if there is bona fide on the accused part then she should face the trial and assure that the trial could be completed within one month, if she is sincerely ready to face the trial. Justice Ejaz Khan said even in the criminal cases the accused has the right to move application under 265-K of CrPc and can approach the High Court for the exemption from appearance before a court so what terrible will happen if she goes out of the country, he questioned Lodhi said in the former army chief Pervez Musharraf case the Supreme Court has recently ruled that it was up to the federal government to decide to remove Musharraf name from ECL saying it is policy matter.
To which Justice Ejaz Afzal remarked that Ayyan Ali should not be discriminated as the government could not have discriminatory policy, however, Lodhi contended that under the law only the trial court has jurisdiction to grant exemption.
Responding to a query of Justice Ejaz Afzal Khan, Lodhi said that there was every likelihood that Ayyan Ali might not return to country as she has no stakes in Pakistan except this case. Sardar Latif Khosa, counsel for Ayyan Ali pleaded as the ECL provision has the wide spectrum therefore the SHC had issued directives to the Interior Ministry to avoid discriminatory policy with illusion. Khosa repeated that Ministry of Interior failed to issue notice to his client about placing her name on ECL as she came to know about her name in ECL through electronic media. He pleaded that when the government failed to prove that his client falls in the categories of Exit from Pakistan Control Rules 2010 the federation relied on the policy which he claimed has no statutory support. Khosa argued that Ayyan Ali had furnished heavy surety to get her passport released from the Custom Special Court.
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