Ayyan Ali’s travel ban: Sindh High Court’s referee judge reserves verdict

Last month, a two-judge bench gave a split judgment on the issue

KARACHI: The Sindh High Court’s (SHC) referee judge, Justice Naimatullah Phulpoto, reserved verdict on Monday on a petition filed by model Ayyan Ali seeking removal of her name from the Exit Control List (ECL).

The SHC chief justice had appointed Justice Phulpoto as a referee judge to decide the matter after a two-judge bench gave a split judgment on December 1, last year.

In its split verdict, the division bench’s senior member, Justice Ahmed Ali M Sheikh, had dismissed the petition on the grounds that it was not maintainable as it did not fall within the jurisdiction of SHC. However, the other bench member, Justice KK Agha, had allowed the model’s request and directed the interior ministry to remove her name from the ECL.

Ali, who is currently out on bail, is facing a trial for trying to smuggle $506,800 after being caught in the act at the Islamabad airport on March 14, 2015.

She had challenged the third memorandum by the interior ministry to place her name on the ECL since her arrest, despite the SHC suspending the ministry’s memorandums twice in this regard.

In their arguments, the model’s lawyers, Lateef Khosa and Qadir Khan Mandokhel, said that Ali had once again been restrained from travelling by the Federal Investigation Authority despite her name being taken off the ECL on the court’s order.

They claimed that the interior ministry officials, including its secretary, had given an undertaking before the court that there was no legal impediment for Ali to travel abroad. Therefore, their act of once again restricting her travel is a gross violation of the court’s directives.

The lawyers argued that the third memorandum issued by the interior ministry to place the petitioner’s name on the ECL was based on perversity, as neither was she nominated in the FIR relating to murder of the Customs official nor had the Lahore High Court issued any directives for restricting her travel freedom. Therefore, they pleaded to the court to set aside the interior ministry’s memorandum and allow her travel abroad without any restriction.

On the other hand, the additional attorney general Salman Talibuddin defended the interior ministry’s decision, saying that Ali was stopped at the airport because her name was on the ECL following a recommendation by the Punjab government in connection with the murder case of Customs officer Ejaz.

The wife of the deceased Customs officer suspected Ali’s involvement in her spouse’s murder, as he was the investigation officer in the currency smuggling case against the model, the ministry had argued through the additional attorney general, Talibuddin.

Therefore, opposing her plea for removing the travel ban, the ministry had pleaded to the court to dismiss the case as it had no merit.

After hearing arguments from both sides, Justice Naimatullah Phulpoto reserved verdict to be pronounced later.

Published in The Express Tribune, January 10^th, 2017.