KARACHI: The federal interior ministry informed the Sindh High Court that the placement of names on the exit control list was dealt under relevant laws as well as on the directions of superior judiciary and banking courts.

It further submitted that names were also put on no-fly list on the recommendations of defence headquarters, intelligence agencies, National Accountability Bureau, Federal Investigation Agency, home departments and federal ministries/divisions.

In compliance with an earlier SHC order, an interior ministry official filed a report before a two-judge bench headed by Justice Mohammad Karim Khan Agha about the legal procedure adopted by the ministry for placing a person’s name on the ECL.

The federal cabinet gives approval to include or remove names from ECL

The report stated that names on the ECL were placed under the Exit from Pakistan (Control) Ordinance, 1981 on the grounds prescribed in the ECL Rules, 2010 and on the instructions of Supreme Court, high courts and banking courts.

Initially, the cases are placed before a three-member subcommittee of the federal cabinet on ECL for its recommendations. The body is comprised of federal law minister, special assistant to prime minister on accountability and interior and interior secretary, it added.

The report further stated that the recommendations of the subcommittee were forwarded to the federal cabinet for approval and the names were placed and removed from the ECL as soon as approval was received.

The interior ministry may, keeping in view the urgency of the cases, place/remove the names on/from ECL if directed by the Supreme Court, high courts and banking court in terms of Rule 2 (2) of ECL Rules. However, subsequently the cases are placed before the cabinet for approval through the subcommittee, it maintained.

While referring to the proposed standard operating procedures submitted by NAB before the bench about placement of names on the ECL, the report stated that the ministry was required to follow the relevant act and rules which were above any policy/SOPs being primary legislation.

The bench took the report on record.

Last month, the bench had summoned the interior secretary for not complying with its earlier order to evolve SOPs about the placement of names on the ECL and expressed serious resentment with the ministry of interior for taking its order, passed over two years ago, lightly.

The bench had also directed the secretary to file a statement in court regarding the SOPs of his ministry as under what circumstances names of the people were being placed on the ECL or to adopt the SOPs submitted by NAB in court.

Initially, the bench had passed the order in May 2018. In February 2020 a NAB prosecutor had placed on record a statement along with a copy of revised/amended ECL guidelines on behalf of NAB for placement of people’s names on the ECL.

In its May 29, 2018 order, the bench said: “To enhance the public’s confidence in the rule of law and adherence to the constitution both the federal government and the NAB when dealing with cases which may entail placing a person’s name on ECL are hereby directed to develop rules/SOPs within 3 months of the date of this order to ensure that all persons are treated equally before the law in this respect notwithstanding their status or position in society keeping in view the need sometimes to place a person’s name on the ECL expeditiously due to genuine fears of his ascension or other cogent reasons.”

Published in Dawn, October 4th, 2020