Interior Minister Ahsan Iqbal has decided to take the issue of placing the names of Nawaz Sharif and his family on Exit Control List (ECL) to the federal cabinet after an internal committee headed by additional secretary interior recommended that their names be placed on ECL.
A high official source of Ministry of Interior told Business Recorder that following National Accountability Bureau (NAB) recommendation to place the names of former Prime Minister Nawaz Sharif, his daughter Maryam, his two sons and son-in-law on the ECL, the committee headed by additional secretary Sher Afgan Niazi and comprising Joint Secretary Law, Joint Secretary Federal Investigation Agency (FIA) of the Ministry of Interior and section officer (ECL) decided to place their names on the ECL.
This reportedly angered Ahsan Iqbal who asked Niazi to withdraw his recommendations; he had to pay a price for saying a "straight no" as he was immediately posted out by the Minister, a high level source revealed, adding that Niazi was transferred to Economic Affairs Division.
He said that Imran Ahmed, a 21-grade officer at Federal Education and Professional Training Division, will replace Niazi. The source further stated that it is the mandate of the special committee to recommend the placement of anyone's name on the ECL. The official further noted that under ECL policy the special committee may place any name on the ECL after examining the recommendations of Supreme Court, high courts, tribunals having equivalent status, defence headquarters, federal investigations agencies, NAB and Federal Investigation Agency (FIA).
Under the law, a Federal Minister cannot remove a grade 20, 21 and 22 officer directly; the concerned Ministry has to submit a summary to the Establishment Division which is then forwarded to the Prime Minister for approval. Following the approval of the Prime Minister, Establishment Division issues a notification in this regard. This process can take a month, a week, a day or a couple of hours, a retired official told Business Recorder.
Ahsan Iqbal gave reference to the 16th March, 2016 apex court ruling which was as follows: "this order will not preclude the Federation of Pakistan or the Special Court, seized of the proceedings under Article 6 of the Constitution against Respondent General (R) Parvez Musharraf, from passing any legal order for regulating his custody or restricting his movement".
A K Dogar advocate told Business Recorder that according to Article 90 of the Constitution the federation or federal government comprises of Prime Minister and the federal ministers; and according to the Supreme Court order the decision to place anyone's name on the ECL must be made by the cabinet. He also said that Ministry of Interior in this case will work under the guidance of the cabinet
Article 90(1) says; "...the executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister, who shall be the chief executive of the Federation."
NAB on February 14, recommended placing the names of former Prime Minister Nawaz Sharif, his sons Hussain Nawaz and Hassan Nawaz, daughter Maryam Nawaz, and son-in-law Captain Muhammad Safdar (retd), as investigations into allegations of corruption and corrupt practices against them are under way and there is a possibility that they can flee the country to avoid the process of law.
The NAB letter sent to the Ministry of Interior states that "in compliance with the Supreme Court order of July 28, 2017 in constitution petition number 29/2016, investigations into the allegations of corruption and corrupt practices and amassing assets beyond means, against the subject accused were conducted and references were filed in the Accountability Court, which are pending adjudication. Further investigations are under process while the accused persons did not join the proceedings at the NAB, despite being served with the summons and there is a likelihood that they can flee abroad to avoid the process of law".
About Hussain Nawaz and Hassan Nawaz, the letter said that the two accused have been declared proclaimed offenders by the trial court and in case they return to Pakistan, they will be arrested on arrival and produced before the court for finalization of the cases pending against them.
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