The bench, headed by Chief Justice Sarmad Jalal Osmany, had earlier heard Abdul Sattar Pirzada, counsel for the petitioner, who had challenged his name on the Exit Control List (ECL) and the decision to offload him from a UAE-bound flight a fortnight ago.
He was later allowed to travel abroad for 10 days to visit his ailing daughter. On Tuesday, his counsel submitted that his client was scheduled to arrive back on Wednesday and Jatoi had credible information that government functionaries would arrest him.
The counsel asked the court to seek an undertaking from the Deputy Attorney General (DAG) that his client would not be arrested upon arrival or that the court may pass an appropriate order.
The bench asked the DAG, who candidly said that without seeking instructions from the federal government, he was not in a position to give any undertaking. The bench then passed its order, restraining the government from arresting the petitioner without prior permission of the court. The bench adjourned the petition till Nov 11.
Published in The Express Tribune, October 27th, 2010.
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