Pakistan govt dismisses fears of undermining criminal justice system over Exit Control List rules

Pakistan government on Thursday dismissed fears that attempts were afoot to undermine the criminal justice system (CJS) in a suo motu case regarding Exit Control List (ECL) rules.

The federal government dismissed such apprehensions as unsubstantiated and “part of a sponsored media whispering campaign” to malign the present government, reported Dawn.

This comes a day before the resumption of a hearing in a suo motu case over ECL rules. Earlier, Supreme Court directed the federal government to explain whether ECL rules were approved by the federal cabinet and, if so, whether some ministers were among the beneficiaries and if so, whether they had recused themselves from attending the meeting or not.

On April 22, the government introduced significant changes to the rules controlling citizens’ exit from the country in an attempt to end the practice of keeping people on the no-fly list for years and even for over a decade, Interior Minister Rana Sanaullah had said.

A five-member bench, headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and comprising Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar, had taken suo motu notice on apprehensions that criminal justice might be undermined by people in authority, reported Dawn.

In a written order issued earlier this week, the SC had observed that it appeared the amendments in the Exit From Pakistan (Control) Rules of 2010 had been enforced with retrospective effect.

Headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, a five-judge Supreme Court bench will resume hearing the case on Friday.

Meanwhile, a report on behalf of the Attorney General (AGP) Ashtar Ausaf explained that the amendments to the Exit From Pakistan (Control) Rules of 2010 and their enforcement were in consonance with the due process as well as the law, reported Dawn.

The amendments were made, the report said, after approval by the federal cabinet and enforced retrospectively.

The right to travel outside the country is a fundamental right, as well as an intrinsic part, of the right to liberty guaranteed by Article 9 of the Constitution, the report contended.

An inquiry or investigation, whether conducted by the National Accountability Bureau (NAB) or any other agency, was not by itself a sufficient reason to place an individual’s name on the ECL.

The CJP had taken suo motu notice of the recommendations of an SC judge on perceived interference in the independence of the prosecution branch in the performance of its power and duties for investigation and prosecution of pending criminal matters involving persons in authority in government.

According to a press release issued by the apex court, such interference could influence the prosecution of cases, result in tampering or disappearance of evidence in courts or in possession of prosecuting agencies and lead to transfers and postings of officers on key posts. (ANI)