The Chief Justice of the Supreme Court of Pakistan has questioned the authority of the federal cabinet, asking at whose behest the cabinet amended the rules concerning corruption and tax evasion.
On Friday, a five-judge larger bench of the Supreme Court, led by CJP Umar Ata Bandial and comprised of Justices Ijazul Ahsan, Mazahir Ali Akbar Naqvi, Muneeb Akhtar, and Mohammad Ali Mazhar, was hearing a suo motu notice taken on the government’s interference in the affairs of the investigating agencies. The
The chief justice of Pakistan questioned how the federal cabinet could change the rules while removing corruption and other elements.
The CJP requested that the additional advocate general read the ECL Rule, 2010, which stated that people involved in corruption and terrorism cases, as well as those who defaulted on taxes and loans, were not permitted to travel abroad.
The vexed chief justice inquired, “At whose request has the federal cabinet amended the rules and given its assent to change them?” He was enraged that the names of the accused had been removed from the Exit Control List without consulting the National Accountability Bureau.
The AAG assured the court that after the cabinet’s approval, he would present the cabinet minutes to the court.
Justice Ijazul Ahsan wondered if the accused’s name would be automatically removed from the ECL after 120 days.
The AAG responded that the 120-day period would apply when the accused’s name was first placed on the no-fly list.
Justice Mazahir Ali Akbar Naqvi remarked on how cabinet members could change the rules to benefit themselves! He wondered if it wasn’t a conflict of interest that the cabinet members were on the ECL and changed the ECL rules.
Justice Muneeb stated that the court agreed that there were currently only accusations against federal ministers. But is there any code that states that if a minister is involved in a corruption case, the relevant file should not be sent to him, the judge asked, adding that it would be more appropriate if the accused minister did not attend the meeting that would hear his corruption case.
How the accused could change the rules to their advantage, Justice Mohammad Ali Mazhar added.
In this regard, Justice Ahsan inquired whether approval could be sought through a circulation summary. It is the cabinet’s responsibility to investigate each and every case before making a decision.
The court requested a list of everyone whose names had been removed from the ECL.
Justice Mazhar lamented that the cabinet had abolished the method of review following the amendment to the ECL Rules.
The AAG informed the court that they had yet to determine whether the members whose names were placed on the ECL were included in the committee that proposed amending the rules. He also informed the court that Law Minister Azam Nazeer Tarar had proposed changes to the ECL Rules.
CJP Bandial directed that a report detailing the method used by the government to amend the ECL Rules be submitted.
Justice Mazahir Ali Akbar Naqvi inquired as to the status of the cases of Prime Minister Shehbaz Sharif and Punjab Chief Minister Hamza Shehbaz following the change of government. He went on to ask if the prime minister had been indicted.
Justice Ijazul Ahsan inquired whether the FIA’s record was complete. If anything goes missing, the FIA DG will be held accountable.
The Supreme Court summoned FIA DG Usman Gondal to appear in court with the entire record.
The NAB prosecutor general told the court that the names of 174 suspects needed in the bureau’s investigations had been removed from the Exit Control List, but the watchdog was not trusted.
According to the additional attorney general, no one, including the prime minister, sought exemption in the case. He assured the court that all FIA records were secure and undamaged.
According to PML-N lawyer Irfan Qadir, a certain political party was constantly levelling allegations in an attempt to embroil the court.
After hearing arguments, the court adjourned the case.