SC directs DG FIA to present list of all 'high-profile' cases

Names of 174 persons accused in NAB cases removed from ECL, court observes

ISLAMABAD:

The Supreme Court has summoned Director General Federal Investigation Agency (FIA) along with a list of all 'high-profile cases' on June 3.

The apex court issued the order while hearing a suo motu case regarding alleged political interference in prosecution and investigation branched in high profile cases.

The bench is headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, and comprises Justice Ijazul Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar.

The notice was taken on May 18 amidst allegations levelled by the PTI that soon after coming to power, the present coalition government allegedly started influencing different cases and transferring investigators or officers supervising cases, especially related to corruption allegations.

Earlier, in its report, the FIA had stated that no government institution including the interior ministry tried to interfere in the independent prosecution of the high-profile case being heard in different courts.

It stated that Farooq Bajwa had been appointed as the prosecutor at the request of the FIA. It added that the names of the suspects are put on the exit control list (ECL) on the recommendations of the government, courts and other institutions.

On Tuesday, the top court said that the report provided by the FIA dealt with the security and protection of record in one case only whereas the court's last order issued directions for ensuring that for all high-profile cases.

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"A list of all high-profile cases in the charge of FIA shall be provided to the court," the judgement ordered.

Furthermore, the Director General and the Director Law FIA shall attend sourt on the next date of hearing. The court observed that the amendments made in the Exit From Pakistan (Control) Rules, 2010  have been enforced retrospectively. "This appears to have been done without the necessary authorisation for giving such an effect to the amendments in the rules."

The judgement said it was also not clear whether the rules have been approved by the federal cabinet and, if so, whether beneficiaries of the amendments recused themselves from attending the relevant meeting.

"In this regard it has to be shown whether avoidance of conflict of interest was duly catered for; data regarding the names of the beneficiaries of such relief who have left Pakistan also needs to be provided. The foregoing information shall be supplied by the learned attorney general."

The order said that the names of 174 persons who are accused in NAB cases have been removed from the Exit Control List (ECL). "This was done, prima facie, without consulting the NAB authorities and as a result of retrospective implementation of the amendments," it said.

The order said that attorney general shall apprise about the grounds that prevailed for dispensing with consultation before passing the orders.

"On their part the NAB authorities shall specify the nature of offences under the NAB Ordinance alleged against those accused persons whose names have been removed from the ECL," the judgement said.