LHC Seeks Comments From Govt On Nawaz's ECL Issue

LAHORE, (UrduPoint / Pakistan Point News - 14th Nov, 2019 ) :A Lahore High Court (LHC) division bench on Thursday sought para-wise comments from the Federal Government and others till Friday on a petition challenging inclusion of former prime minister Nawaz Sharif's name in the exit control list (ECL) and the condition imposed by the Centre for removing the same.

The bench comprising Justice Ali Baqar Najafi and Justice Sardar Ahmad Naeem heard the petition filed by Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif.

At the outset of the proceedings, the petitioner's counsel Advocate Amjad Pervaiz submitted that the Islamabad High Court and the LHC had granted bail to Nawaz Sharif in Al-Azizia and Chaudhry Sugar Mills cases, respectively.

He said Nawaz Sharif was severely ill and it was necessary for him to travel abroad for medical tests and diagnoses. The Federal Government had allowed him to go abroad but also attached the condition of furnishing indemnity bonds of 8 million UK Pounds, $25 million and Rs 1.5 billion.

He contended that freedom of movement was a fundamental right and no one could be deprived of it. He pleaded with the court to issue directions for unconditionally removing name of Nawaz Sharif from the ECL.

To a court's query, the counsel further submitted that Shehbaz Sharif's name was also placed on the ECL but it was removed on the directions of the court.

At this stage, Justice Ali Baqar Najafi asked from the counsel whether Nawaz Sharif's name was placed in the ECL on the recommendations of the National Accountability Bureau (NAB) Islamabad.

To which, the counsel replied in negative and submitted that no details were available in that regard. He submitted that the LHC had jurisdiction to hear the matter in the light of Supreme Court's judgements whereas no court had asked so far to place the name of Nawaz Sharif on the ECL while responding to another bench query about the jurisdiction.

He contended that conditions imposed by the government were in violation of the Exit from Pakistan (control) Ordinance, besides submitting a power of attorney on behalf of Nawaz Sharif.

Additional Attorney General Pakistan Ishtiaq A Khan raised objection over maintainability of the petition submitting that the Islamabad High Court was empowered to hear the matter. He also submitted that Nawaz Sharif was allowed to travel abroad in accordance with the law.

However, the bench observed that it had been seen that the resident of a particular area could approach the court of his area for removing his name from the ECL. The court asked as to who recommended to place the name of Nawaz Sharif on the ECL.

The additional attorney general submitted that all record was available in Islamabad and it could be sought.

Subsequently, the court issuing notice to the Federal Government and others sought reply till November 15.