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Business Recorder
08-05-2025
- Politics
- Business Recorder
Number of individuals on ECL: IHC directs FBR to provide statistics
ISLAMABAD: The Islamabad High Court (IHC) on Wednesday directed the Federal Board of Revenue (FBR) to provide statistics of the number of individuals, who have been recommended by it to be placed on the Exit Control List (ECL). A single bench of IHC comprising Justice Babar Sattar issued the directions while hearing a petition moved by a citizen, Abdul Qadir, allegedly implicated in two cases of tax fraud and then, his name was placed on the Exit Control List (ECL), on the Passport Control List (PCL) and on the Provisional National Identification List (PNIL). Counsel for the petitioner stated that according to respondent No 4 (FIA), the name of the petitioner was placed on the aforementioned lists on the recommendation of respondent No 5 (FBR). He stated that the petitioner has been implicated in two cases of sales tax fraud. However, He added that in both of the cases by orders dated 08.08.2024 and 17.10.2024 the petitioner has been acquitted. He stated that notwithstanding the fact that any appeal has been filed or that criminal charges are otherwise being pending adjudication against the petitioner, it is settled law that merely on the basis of allegations of a criminal offence committed by a person, his name cannot be placed on ECL. He maintained that the manner in which the petitioner's name has been placed on the aforementioned lists is tantamount to colourable exercise of authority by the respondents. Justice Sattar wrote in his written order that he had heard the arguments of the counsel for the petitioner as well as the counsel for Federal Board of Revenue (FBR). The court asked the counsel for FBR as to whether there is a policy instrument, which regulates the manner in which recommendations are to be made by the Revenue Division and/or FBR for purposes of Rule 2(1)(d) of the Exit from Pakistan (Control) Rules, 2010 ('Rules'). He sought some time to procure such information. At this, he said, 'Let FBR file a report stating whether or not there is such policy. In such report, let FBR also provide statistics of the number of individuals, who have been recommended to be placed on the Exit Control List (ECL) in exercise of authority under rule 2(1)(d) of the Rules. And further, the number of people, who were actually placed on the ECL by the federal government.' He also directed that the director general of the Directorate General of Immigration and Passports also appeared before the Court and provided his explanation as to why he could not appear when the case was first called. 'Let him also file a report stating the number of citizens he has placed on the ECL since he has assumed office in various categories while identifying the category where expatriate Pakistanis deported from other countries are placed on ECL as a consequence of such deportation,' directed the judge. He said, 'Let him also provide in the report statistics with regard to the number of citizens that have challenged the placement of their names on ECL/PCL or any travel control list and the cases where such actions succeeded and the directions were issued that the names be removed. Let him also state in the report, in the event that he so wishes, as to the consequences that ought to flow to a public official who is found to have placed names of citizens on ECL in breach of the law and the Constitution.' Copyright Business Recorder, 2025
Express Tribune
10-04-2025
- Politics
- Express Tribune
Bench reassignments stir unease in IHC
A fresh controversy has surfaced over bench reconstitution at the Islamabad High Court (IHC), with Justice Mohsin Akhtar Kayani-led larger bench, previously hearing quota-related cases, replaced by a new panel. The former bench also included Justice Babar Sattar and Justice Sardar Ejaz Ishaq Khan and had last held a hearing on March 6, setting April 10 as the next date. According to the IHC website, the new larger bench has been constituted under Acting Chief Justice Sarfraz Dogar and comprises Justice Khadim Hussain Soomro and Justice Inaam Amin Minhas. The latest shuffle is part of a series of bench changes witnessed by the court in recent months. Notably, Justice Sardar Ejaz Ishaq Khan was also hearing a contempt of court case against the superintendent of Adiala Jail for denying meetings with PTI founding chairman Imran Khan. During the hearing, Superintendent Ghafoor Anjum had requested that cases related to Imran Khan's meetings and contempt charges be clubbed together. Acting CJ Dogar subsequently constituted a three-member larger bench and disposed of the cases with instructions. However, Justice Ejaz Ishaq Khan initiated a separate suo motu contempt proceeding that remains ongoing. The Islamabad High Court (IHC) on Wednesday suspended the contempt of court show-cause notices issued to the director general (DG) of Immigration and Passports and a NAB director, while also seeking the complete record of the writ petition and contempt proceedings from the court of Justice Babar Sattar. A two-member bench comprising Acting Chief Justice Sarfraz Dogar and Justice Muhammad Asif issued the suspension order after hearing an appeal filed by the DG Immigration and Passports. The court noted that the objection on the appeal had been removed, and directed that the matter be fixed for hearing on the same day. The contempt notice had earlier been issued by a single bench in connection with a petition seeking the removal of a name from the Exit Control List (ECL). According to the counsel, the court had not just granted interim relief but provided final relief by suspending the order of placing the petitioner's name on the no-fly list. The lawyer contended that the DG of Immigration and Passports had acted on NAB's request and did not arbitrarily include the petitioner's name in the ECL. He argued that the show-cause notice issued to the DG Immigration and Passports was therefore unlawful. The IHC bench observed that the grounds raised in the appeal were worthy of consideration and issued notices to all parties, seeking their responses. It also directed the court office to attach the complete record of the writ petition and contempt proceedings to the appeal file. The original contempt notice had been issued by Justice Babar Sattar over the repeated non-compliance of court orders regarding the removal of the petitioner's name from the no-fly list, allegedly added on the recommendation of NAB.
Express Tribune
11-03-2025
- Politics
- Express Tribune
IHC sets rule for filling FIA posts
The Islamabad High Court (IHC) has ruled that posts within the Federal Investigation Agency (FIA) cannot be filled by the Police Services of Pakistan (PSP) officers in breach of the PSP Rules, 1985. "The PSP Rules very clearly prescribe that twenty-five posts within the relevant cadre will be filled by PSP officers and the number twenty-five cannot be read as a percentage of the total posts," said a three-page written order authored by Justice Babar Sattar. The order said it would be causing serious injury to the manner in which the PSP Rules have been written if number twenty-five is read as a percentage of the total posts in the FIA. It said while filling the posts in the FIA, the federal government is bound by the PSP Rules to the extent that it wishes to post PSP officers against vacant posts in the FIA. According to the order, the court reviewed whether the PSP can be granted posts within the FIA in addition to the posts prescribed to be filled by the PSP in the PSP Rules. The court noted that the petitioners' request with regard to convening FIA's Departmental Promotion Committee (DPC) meeting had already been adjudicated by the IHC through an order dated October 21, 2024.
Express Tribune
24-02-2025
- Politics
- Express Tribune
Order to place citizen's family on ECL suspended
The Islamabad High Court (IHC) on Monday suspended the decision to place eight family members of a citizen on the Exit Control List (ECL) following his recovery. Justice Babar Sattar of the IHC questioned the interior secretary, stating that no working paper had been produced to justify placing the family on the ECL under court orders. The court instructed the authorities to submit an affidavit along with relevant facts supporting the decision. The interior secretary informed the court that the cabinet's sub-committee had provided the details regarding the matter.
