Pakistan Case LawApprehension of Undermining the Criminal Justice System by Persons in Authority. Prima Facie Violation of Article 10A, 25 and 4 of the Constitution Versus N/A
This matter comes before the Supreme Court of Pakistan upon reports filed by the Ministry of Interior, Director General of the Federal Investigation Agency, and Additional Prosecutor General of the National Accountability Bureau regarding the retrospective amendment of the Exit From Pakistan (Control) Rules, 2010. The core legal questions involve the legality of retrospective rule-making without proper authorization, the avoidance of conflict of interest by cabinet members, and the removal of names of accused persons from the Exit Control List without statutory consultation. The Court observed that amendments made on 22.04.2022 appeared to be enforced retrospectively without necessary authorization and cabinet approval, and that 174 names in NAB cases were removed from the Exit Control List without consulting NAB authorities. The Court directed the Attorney General and NAB authorities to supply comprehensive information and records regarding beneficiaries, conflict of interest, grounds for dispensing consultation, and high-profile cases handled by the FIA. The matter was relisted for further hearing.
- Whether amendments to the Exit From Pakistan (Control) Rules, 2010 can be enforced retrospectively without proper authorization?
- Does the removal of accused persons' names from the Exit Control List require prior consultation with the National Accountability Bureau authorities?
- How must conflict of interest be addressed when the Federal Cabinet approves rules that potentially benefit its own members?
ORDER
We have read separate reports filed by the Ministry of Interior , Director General, Federal Investigation Agency ("FIA") and Additional Prosecutor General, National Accountability Bureau ("NAB").
2.It is observed that the amendments made on 22.04.2022 in the Exit From Pakistan (Control) Rules, 2010 ("Rules") have been enforced retrospectively . This appears to have been done without the necessary authorization for giving such an effect to the amendments in the Rules. It is also not clear whether the Rules have been approved by the Federal Cabinet and, if so, whether beneficiaries of the amendments recused themselves from attending the relevant meeting. In this regard it has to be shown whether avoidance of conflict of interest was duly catered for; data regarding the names of the beneficiaries of such relief who have left Pakistan also needs to be provided. The foregoing information shall be supplied by the learned Attorney General.
3.The names of 174 persons who are accused in NAB cases have been removed from the Exit Control List ("ECL"). This was done, prima facie, without consulting the NAB authorities and as a result of retrospective implementation of the amendments. Learned Attorney General shall apprise about the grounds that prevailed for dispensing with consultation before passing the orders. On their part the NAB authorities shall specify the nature of offences under the NAB Ordinance allege d against those accused persons whose names have been removed from the ECL.
4.The FIA report deals with the security and protection of record in one case only whereas our last order issued directions for ensuring that for all high-profile cases. A list of all high-profile cases in the charge of FIA shall be provided to the Court. The Director General and the Director , Law FIA shall attend Court on the next date of hearing.
5.Relist on 03.06.2022 at 1 1:15 am.
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