ISLAMABAD: The Supreme Court directed the government to ensure that people on the Exit Control List (ECL) do not travel abroad without prior permission from the Ministry of Interior, and suggested that “people in influential offices” made amendments to the laws governing the process to take advantage of it.
The top court passed these remarks on Tuesday as it resumed its suo motu hearing into “perceived interference” by “persons in authority” in criminal probes.
Chief Justice Umar Ata Bandial headed the five-judge larger bench comprising Justice Ijaz ul-Ahsan, Justice Munib Akhtar, Justice Sayyed Mazahar Ali Akbar Naqvi and Justice Mohammad Ali Mazhar.
At the outset of the hearing, Attorney General of Pakistan (AGP) Ashtar Ausaf Ali appeared before the court.
“Did the cabinet approve amendments in the ECL rules?” Justice Ahsan inquired. At this, Ali maintained the matter is under review under a Cabinet committee for legislation.
Justice Bandial remarked the accused who wants to travel abroad for official work should get approval from the interior ministry. “Let the system work. Everyone has to work together,” he said.
He went on to add that legislation without input from the opposition should also be done in line with legal requirements.
“It’s not an opportunity for anyone to take advantage. We will keep an eye that no institution exceeds their authority,” Justice Bandial clarified, adding that no such order will be passed that causes inconvenience to the government.
At one point during the hearing, Justice Bandial brought up the question of people in power benefitting from amendments made to the ECP rules.
He stressed that the rule of law was important and there should be “no compromise” on the usual procedure for people whose cases were pending.
“The current situation is unique … the country is currently suffering from an economic crisis,” the chief justice observed, urging the executive to use their powers in the light of the law and Constitution.
“We will not allow any investigative organisation, agency or state organ to exceed its limits,” he stated.
The chief justice further remarked that for the system to persist, it was important for everyone to work together. “Legislation from a unilateral parliament should be in line with legal requirements,” he pointed out, stressing that it was not the time to seek advantage (out of the situation).
He added that he did not want to pass an order which would put the government in difficulty.
