The Supreme Court on Thursday dismissed the application of Rao Anwar, the main accused in Naqeebullah Mehsud murder case, for removal of his name from Exit Control List (ECL) as he wishes to perform Ummrah and meet his children abroad.
The former SSP Malir has filed the petition under Order XXXIII Rule 6 of the Supreme Court Rules 1980 and made secretary Ministry of Interior and the secretary Home Department, Sindh, as respondents.
A three-member bench, headed by Chief Justice Mian Saqib Nisar, heard the application of former SSP Malir Rao Anwar to remove his name from ECL. The main accused in the Naqeebullah murder case has prayed to the apex court to direct the trial court to remove his name from the ECL and to regulate his movement abroad as and when required.
The Chief Justice addressing Anwar's counsel expressed annoyance. He inquired how Rao Anwar was acquitted. The counsel replied that his client has been released on bail. However, his passport is with the trial court.
The Chief Justice said that till completion of the trial, Rao Anwar can't go abroad. He remarked whether he has to deposit money abroad, adding he wanted to take looted money from Pakistan.
The Chief Justice said, "I and the bench members know how Anwar was arrested." The former SSP Malir has killed a young boy and instead of jail he is living in house, the CJP added. Somebody should file an application against the kind of facilities provided to him. "Is he (Anwar) very special man of the State who should be allowed to go abroad?" inquired the Chief Justice.
Rao's name was placed on ECL on the direction of the apex court on 21-03-2018. He contended, "Whether does nomination of a person in FIR or pending criminal trial against him justify placing his name on the ECL, particularly when names of other identically placed accused persons in high profile cases are not placed in ECL?" "Whether would it not be just and appropriate that movement of an accused person facing trial should be regulated by the trial courts instead of putting an absolute clog on fundamental right of freedom of movement of such person?" he questioned.
The trial court granted him bail in both FIRs 40/2018 and 142/2018 but directed to deposit his passport and not to leave the city. Rao Anwar submitted that he is facing serious life threats and is unable to move freely within Pakistan, adding he has grown up children who are residing abroad but due to the academic engagements they cannot travel Pakistan.
He stated that he also intends to perform Umrah subject to removal of his name from ECL. The suspended SSP said he has been appearing before the trial court regularly but there is no possibility of conclusion of this case in near future.
Former SSP Malir Rao Anwar whose name had also been placed on the ECL by the Ministry of Interior after the directives of the Supreme Court of Pakistan, also holds an Iqama (work permit) of the United Arab Emirates.
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