SC admits federal govt’s appeal on Ayyan Ali case

Author: Syed Sabeeh

ISLAMABAD: The Supreme Court of Pakistan has admitted the appeal of the federal government for regular hearing against the Sindh High Court (SHC) judgment, wherein the interior ministry was directed for deletion of Ayyan Ali’s name from the Exit Control List (ECL).

The court while issuing a notice to the Attorney General for Pakistan adjourned the hearing for a week.

Additional Attorney General Waqar Ali Rana on behalf of Interior Secretary Arif Ahmed Khan and Additional Secretary ECL Aurangzeb Haq appeared before a two-judge bench headed by Justice Sheikh Azmat Saeed during the hearing of the appeal against the SHC judgment on Tuesday.

On June 2, , the SHC declared that its order regarding Ayyan Ali would take effect on June 9. It further ruled that until then the federation can move the SC against the verdict, if it desired so.

Consequently, on June 9, the interior ministry filed a criminal appeal under Article 19 (1) (ii) of the Contempt of Court Ordinance 2003 against the verdict of the Sindh High Court.

The interior ministry in its appeal stated that the high court’s order is not sustainable under the law adding that the high court could not issue directions assuming the jurisdiction of suo motu for placing information on the website and other directions particularly when no prayer was made to that effect.

During the course of the hearing, the AAG informed the court that Ayyan’s name was placed on the ECL in response to the Home Department Punjab government because she was nominated in an FIR launched in Custom Inspector Chaudhry Ejaz Mahmood’s murder case which needed to be investigated.

At this Justice Azmat Saeed Sheikh remarked as to whether the name of every suspect of a murder case in Punjab ended up on the ECL.

“Everybody knows what is happening and the court knows how to implement its orders,” Justice Azmat Saeed further observed, adding that the court will not cease its function if its orders are not being implemented.

He said that the instant matter is of sensitive nature so the concerned should take tangible measures in this regard.

On this occasion Sardar Latif Khosa, counsel for Ayyan Ali, argued that former military ruler Pervez Musharraf was allowed to travel abroad without any interference because he was influential.

He contended that despite the fact that the court had granted her permission to go abroad the court’s order was not yet implemented in letter and spirit.

He said that the immigration staff at Karachi International Airport stopped his client Ayyan Ali from going abroad. He alleged that the staff present at the airport said that they were not bound to follow the court’s orders.

He said that whenever her name was removed from the ECL, the interior ministry again put her name on the ECL after a few hours. He argued that the interior ministry was creating hurdles in her visit abroad.

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