The Supreme Court on Monday directed the federal cabinet to review its decision of placing 172 persons' names on the Exit Control List (ECL), which have been mentioned in the joint investigation team (JIT) report on fake accounts. The Chief Justice inquired why the names of Sindh Chief Minister Syed Murad Ali Shah, some of Sindh ministers and eminent politicians have been placed on the ECL, adding that Murad Ali Shah is the chief minister of a province therefore how it is possible that he would leave everything and fly out of country? "We should respect the elected CM," he told the JIT head.
The Chief Justice addressing the JIT head Additional Director General (ADG) FIA Ahsan Sadiq said that placing officials' names on ECL is a stigma. He questioned how without hearing the names of the incumbent Sindh CM and some ministers and eminent politicians have been placed on ECL. The Chief Justice remarked why not the court should issue orders to put four ministers' names on ECL to strike a balance. The CJP asked ADG FIA if they direct the authority to place his name on ECL then what would be his feelings?
Chief Justice Mian Saqib Nisar heading a two-member bench, which heard a suo motu case on slackness in the progress of the pending inquiries relating to fake bank accounts, said there is news of imposing Governor's rule on Sindh, adding the federal government should clear its stance regarding the matter.
The Chief Justice loudly stated that the Governor's Rule could be promulgated only in accordance with the Constitution, adding that if any illegal recourse is taken by the federal government to impose the governor's rule on Sindh the apex court in one minute would set aside such order.
The Chief Justice asked State Minister for Interior Shehryar Khan Afridi to convey this message to the top authority that this country would be run in accordance with Constitution. "We (SC) didn't let democracy derailed when there was threat to the democratic system."
Shehayar Afridi, appearing on the court's short notice, assured the bench that they would review the decision of placing 172 names on ECL and the matter will be taken to the federal cabinet. The court noted that the Cabinet had not applied its mind while deciding to place names on the ECL.
The federal government on Friday last released a list of 172 suspects whose names have been placed on the ECL in view of the report submitted by the JIT in the long-running fake accounts case.
Earlier, Attorney General for Pakistan Anwar Mansoor Khan stated that the issue of placing 172 names on ECL initiated with the letter written by head of JIT to the federal secretary interior. The letter recommended placing 172 names on ECL as per the direction of the apex court, the AGP added.
The court noted how the JIT could recommend placing persons' names on the ECL and the impression was given that it was done on the orders of the apex court. The JIT head said CM's name was included in ECL not because of his status but due to his role in the case.
The Chief Justice questioned whether anyone's name could be placed on ECL on the basis of mere recommendations. Still the matter is to be adjudicated by the trial court. The report is only the opinion of the JIT.
The court turned down Advocate General Sindh's request to exclude CM Sindh's name from ECL, saying let the authority review the decision. However, the Chief Justice remarked that in the meanwhile if the CM has to go abroad then he could approach the apex court regarding the matter.
"If the government has the opinion that the names be kept on the ECL then it has to give the reason and we will see whether it is appropriate," said the Chief Justice. He, however, clarified that the court is not hearing the case at the behest of anyone but on facts.
Faisal Siddiqui, representing the JIT, said that the mandate of JIT was very limited as it was tasked to investigate the fake accounts. He said the JIT report recommended filing of references against 16 persons but after NAB investigation. The JIT in 9 cases proposed further investigations.
The clips of talk shows aired on a TV channel, wherein the contents of the JIT had been discussed, were played. After watching the clips, the court ordered PEMRA Chairman Saleem Baig to examine both the programmes and if he sees violation of the Supreme Court's judgement rendered in ARY anchorperson Arshad Sharif programme case, take action against them.
Faisal Siddiqui contended that the figures given in that TV programme are contrary to the figures mentioned in the JIT report. This is complete misreporting, he added.
The court directed FIA to investigate how an audio clip spread in social media wherein it was alleged that Sardar Latif Khosa had talked against the PPP leadership.
The court censured allegations against Farooq H Naek that he had refused to represent former President Asif Ali Zardari and his sister Faryal Talpur; therefore, replies of ex-President and Faryal could not be submitted. The Chief Justice said adverse remark against Naek would be struck down and directed Naek to file replies of Zardari and Faryal by Monday.
Regarding the settlement of funds between Omni Group and National Bank of Pakistan, the court observed that as the matter is pending in a banking court, so let the matter be decided by it. The case was adjourned until Monday next.
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