The Supreme Court on Tuesday said it would ensure that no institution went beyond its limits and it did not want to give an order which would be “uncomfortable” for the government.
A five-member larger bench, led by Chief Justice of Pakistan Justice Umar Ata Bandial, which is hearing a suo motu case about the alleged interference in the prosecution and investigation in high-profile cases, was told by Attorney General for Pakistan (AGP) Ashtar Ausaf that as he was unwell, Additional
Attorney General Amir Rehman would present arguments in his place. The additional attorney general told the court that 30 people had gone abroad after being removed from the Exit Control List (ECL).
Justice Ijazul Ahsan inquired whether or not the federal cabinet had approved these changes to the ECL rules.
The additional attorney general replied that the matter was under consideration in the cabinet committee on legislation.
Justice Munib Akhtar noted that the judges could understand that there were only allegations against these people, but the bench should be provided with some legal reasons.
The CJP remarked that those who had to leave the country on government business should be allowed.
However, he added that any person on the list, who wanted to go abroad, needed to obtain permission from the interior ministry.
“The current situation in the country is an extraordinary one. The majority party, which had formed the government, has left the assembly, while the country is going through an economic crisis.”
Justice Bandial stressed the need for everyone to work together to allow the system to run.
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He added that legislation from a “unilateral” parliament should also be in accordance with the legal requirements.
“This is not an opportunity for anyone to take advantage of. We will make sure that no institution goes beyond its limits.”
Justice Munib observed that he could not understand what the government wanted to do. “It seems that the government is standing on a very weak wicket.”
He added that if there was a legal reason for the ECL legislation, the government should inform the court.
Justice Ahsan asked why there was such a rush to get the names out of the ECL in just two days.
The additional attorney general replied that the names of cabinet members were also on the ECL.
“In the past too, names were struck off the ECL in the same manner,” he added.
Justice Sayyed Mazahar Ali Akbar Naqvi asked him if it happened in the past, would it happen in the future too.
The CJP remarked that there would be no compromise over the legal process and if anyone thought that case had no relevance, they should approach the relevant court.
During the hearing, the CJP also lauded the move of Prime Minister Shehbaz Sharif of approaching the Supreme Court himself for bail.
“It felt good that the prime minister and [Punjab] chief minister [Hamza Shehbaz] appeared in person and were granted bail.”
The additional attorney general informed the court that a formal procedure on the rules would be worked out in a few days. He also came to the rostrum and assured the court that consultations were under way with the investigating agencies to remove the amendments and names from the ECL.
The suspects will not be able to go abroad without permission, he added. “In the new rules, a suspect will only be allowed to go abroad only with the consent of the institutions concerned.”
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