Majority party has gone out of parliament, no one should take advantage of this opportunity in legislation making : SC


Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked the majority party has gone out of parliament and no one should benefit from this opportunity in legislation making. .

He further remarked “ we will keep eye on it. The legislation should be enacted as per requirements of law from the one sided parliament. We will not allow any investigation institution, agency and state institution to transgress its limits. The prevailing situation is of unique nature. The country is facing economic crisis at present. The executive will have to exercise its powers in the light of constitution and law.
The CJP gave these remarks while presiding over a 5-member bench of Supreme Court (SC) during the hearing of suo motu notice pertaining to government interference in investigation institutions here Tuesday.

At the inception the CJP remarked “we want rule of law. This question is important that those in power took advantage of the amendment in ECL Rules. How can those who are themselves beneficiaries make amendment in the rules. There should be no compromise on the procedure in place regarding those whose cases are pending hearing . No one should benefit from the legislation. We will keep watch on it. We don’t want to give such order due to which the government faces difficulties.

Additional Attorney General (AAG) told the court a meeting of all stake holders took place in Attorney General (AG) office after SC orders. The meeting of cabinet committee was also held regarding ECL rules last day. All the questions and observations of SC were placed in the meeting. AG has been directed to appear in next cabinet committee meeting. AG office has framed rules SOPs regarding amendment in ECL rules and sent them to all institutions.

Justice Ijaz ul Ahsan raised the question on this occasion what will happen in regard to the amendments which have been made in the rules or the names which have been removed from ECL.

Justice Ijaz ul Ahsan remarked cabinet committee frames law itself and interprets it itself. In interim set up those accused in corruption will go abroad with the permission of NAB.

AAG told the court names which have been removed from ECL will be reviewed again one by one. Rules will be framed in consultation with NAB and FIA. No minister who is included in ECL has approved amendment.

Justice Mazahir Naqvi inquired from AAG on this occasion is what you have said in accordance with the record. The approval of Saad Rafiq is part of record.

AAG told the court Saad Rafiq had filed plea in cabinet committee for review. The amendment gave no benefit directly to Saad Rafiq. If no opinion comes in circulation summary even then it is deemed approved. Miftah Ismail was outside the country at the time when amendment was introduced. Miftah Ismail had given no opinion on summary.

Justice Munib Akhtar remarked in is beyond comprehension still what government wants to do. It seems as if government is standing on weak wicket.

The CJP remarked all will have to work together to let the system run. Whosoever has to go outside the country in connection with official job should be allowed to go.

DH FIA while filing digital record of 42 high profile cases in sealed envelope told the court the record of all high profile cases has been made part of USB in the shape of PDF files.
NAB prosecutor sought time of two weeks from the court for filing digital record of high profile cases.
AG took the plea I assure that the concerned person will seek permission from interior ministry before going abroad. The interim method will remain in place unless government legislates. The regular procedure will be evolved in regard to rules within a few days. No accused will be able to go abroad without permission.

The court while ordering those included in ECL to seek permission from interior ministry to go abroad and summoning the minutes of cabinet committee meeting adjourned the hearing of the case till June 27.