Pakistan: Fears over subversion of judicial orders termed ‘bid to malign govt’

INTERNATIONAL DESK: A day before the resumption of hearing in a suo motu case over fears that attempts were afoot to undermine the criminal justice system (CJS), the federal government on Thursday dismissed such apprehensions as unsubstantiated and “part of a sponsored media whispering campaign” to malign the present government.

Headed by Chief Justice of Pakistan (CJP) Umar Ata Bandial, a five-judge Supreme Court bench will resume hearing of the case on Friday.

At the last hearing on May 27, the apex court had asked Attorney General (AGP) Ashtar Ausaf to explain whether ECL rules were approved by the federal cabinet and, if so, whether some ministers were among the beneficiaries and if so, whether they had recused themselves from attending the meeting or not.

A report on behalf of the AGP explained that the amendments to the Exit From Pakistan (Control) Rules of 2010 and their enforcement were in consonance with the due process as well as the law. The amendments were made, the report said, after approval by the federal cabinet and enforced retrospectively.

The Supreme Court had itself ruled that a notification conferring any benefit could be made applicable with retrospective effect, the AGP recalled.

The report emphasised that no interference on the part of persons in high office was apparent vis-à-vis the Federal Inves­tigation Agency (FIA) or the appointment of prosecutors since “nearly all officers were appointed by the previous government”.

With reference to FIA, the report said a vast majority of transfers and postings were carried out by the previous dispensation.

It had “material bearing on the status of ongoing investigations”, the report said. It cited a statement by Bashir Memon, a former director general of the agency who said on record that senior government functionaries “exert influence qua initiating cases against specific persons”.

Large-scale transfers were a whim of the PTI-led government, the report alleged.

The right to travel outside the country is a fundamental right, as well as an intrinsic part, of the right to liberty guaranteed by Article 9 of the Constitution, the report contended.

An inquiry or investigation, whether conducted by the National Accountability Bureau (NAB) or any other agency, was not by itself a sufficient reason to place an individual’s name on the Exit Control List (ECL).

The report observed that the restoration of a person’s fundamental right to freedom of movement was enshrined in the Constitution. (Dawn)