Ayyan Ali gets wings to fly out
SHC orders federal govt to take model’s name off ECL
PHOTO: ONLINE
KARACHI:
For the third time, model Ayyan Ali has won her case against the ban placed on her travelling abroad, as the Sindh High Court’s (SHC) referee judge ordered the federal government to take off her name from the Exit Control List (ECL).
Justice Naimatullah Phulpoto set aside the operation of the interior ministry’s memorandum regarding placement of her name on the ECL.
Justice Phulpoto was appointed as referee judge after a division bench, comprising justices Ahmed Ali M Sheikh and Karim Khan Agah, gave a split verdict in case on December 1, last year.
Announcing the order, the division bench however suspended the operation of the referee judge’s order for a period of 10 days — a short time relief for the federal government to appeal with the Supreme Court, if it desired so.
Earlier, in its split verdict on December 1 last year, the division bench’s senior member, Justice Sheikh, had dismissed Ali’s petition on the grounds that it did not fall within the jurisdiction of SHC. However, the other bench member, Justice Agha, 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 and was arrested from 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. The model’s lawyers had argued that Ali had once again been restrained from travelling by the Federal Investigation Agency despite her name being taken off the ECL on the court’s order.
They had claimed that the interior ministry officials had given an undertaking that there was no legal impediment for Ali to travel abroad.
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.
In his arguments, the additional attorney-general had 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 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, the ministry had pleaded the court dismiss the case as it had no merit.
Published in The Express Tribune, January 20th, 2017.
For the third time, model Ayyan Ali has won her case against the ban placed on her travelling abroad, as the Sindh High Court’s (SHC) referee judge ordered the federal government to take off her name from the Exit Control List (ECL).
Justice Naimatullah Phulpoto set aside the operation of the interior ministry’s memorandum regarding placement of her name on the ECL.
Justice Phulpoto was appointed as referee judge after a division bench, comprising justices Ahmed Ali M Sheikh and Karim Khan Agah, gave a split verdict in case on December 1, last year.
Announcing the order, the division bench however suspended the operation of the referee judge’s order for a period of 10 days — a short time relief for the federal government to appeal with the Supreme Court, if it desired so.
Earlier, in its split verdict on December 1 last year, the division bench’s senior member, Justice Sheikh, had dismissed Ali’s petition on the grounds that it did not fall within the jurisdiction of SHC. However, the other bench member, Justice Agha, 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 and was arrested from 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. The model’s lawyers had argued that Ali had once again been restrained from travelling by the Federal Investigation Agency despite her name being taken off the ECL on the court’s order.
They had claimed that the interior ministry officials had given an undertaking that there was no legal impediment for Ali to travel abroad.
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.
In his arguments, the additional attorney-general had 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 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, the ministry had pleaded the court dismiss the case as it had no merit.
Published in The Express Tribune, January 20th, 2017.