ISLAMABAD, May 27 (Online): Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked according to section 2 of ECL Rule-2010 those involved in terrorism, corruption, tax and loan defaulters can not go outside the country.
He further remarked we will have to see now that at whose behest cabinet accorded approval to rule related to corruption and tax defaulters. We want supremacy of rule of law. We will not interfere in the powers of executive. But no such person will go abroad against whom case is registered.
He observed we will see what is procedure to put the name in ECL. According to NAB we were not consulted before removing 174 names from ECL. FIA prosecution team was changed apparently to stop proceedings of the case. Article 248 does not grant immunity to ministers from criminal proceedings. The criminal proceedings should continue to run against the federal ministers. Criminal system should be equal for all. For the time being we are not going to nullify the government decisions about ECL rules.
Supreme Court will take action against the anti state activities.
The CJP gave these remarks while presiding over five members larger bench of SC during the hearing of suo motu notice against government interference in investigation agencies.
Counsel for NAB told the court during the hearing of the case that there are 174 persons whose names were put in ECL on the recommendations of NAB. But NAB was not contacted while removing these names from ECL. We have SOP s and names are put in ECL by keeping in view these SOPs.
The counsel for NAB while presenting detailed report regarding transfer of NAB officers in the court said DG HR recommends for transfers. Chairman issues orders on these recommendations.
Attorney General (AG) told the court law minister Azam Nazir Tarar proposed to amend the ECL rules. No one including the sitting prime minister sought immunity. We see that the members whose names were included in ECL were present in committee meeting or otherwise. I will present minutes of this meeting in the court.
Justice Mazahir Naqvi remarked cabinet members benefited from this amendment. How can the cabinet members make amendment for their personal gains. Is the presence of name of cabinet members in ECL and amendment by cabinet in ECL rules are not clash of interests.
The person whose Azam Nazir Tarar was counsel was given benefit through this amendment. What progress has been made in the cases against the prime minister and chief minister after they have come to power. Has prime minister been indicted.
Attorney general told the court he has not been indicted so far.
Justice Munib Akhtar remarked is there any code of ethics that the respective file should not go to the respective minister if he is offender. We know that only charges are against the ministers. The accused ministers should not sit in the meeting on their own. Provide us details that cabinet members got advantage.
Justice Muhammad Ali Mazhar remarked how can the accused amend the rules for his own advantage.
Justice Ijaz ul Ahsan remarked FIA report gave impression that several matters were covered through non serious steps.
He inquired on one occasion that record about transfers of investigation officers of FIA was sought Is record of FIA cases safe.
Additional Attorney general told the court all the record of FIA is safe.
The court remarked that written certificate to the effect that record is safe be filed on the part of DG. If there is any shortage of record then DG FIA will be responsible for it.
Irfan Qadir counsel for Prime Minister argued that he would satisfy the court on both law and conscience. Tension is running between two parties of the country. The court is in between the tension of these parties.
The court directed DG FIA to appear before it in person and director law operations FIA Usman Gondal to appear with record besides adjourning the hearing of the case for indefinite period.
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