"The government should demonstrate that it will not take actions based on revenge," Justice Minallah said, adding that the court would not allow it. He further directed the FIA director general (DG) not to "harass" anyone.
He made these remarks while hearing petitions filed by Gill and Akbar, who have sought the revocation of the FIA move that bars them from travelling abroad.
Their names, along with those of four other PTI members — namely Imran Khan's focal person on digital media, Dr Arsalan Khalid; ex-PM Imran's principal secretary Azam Khan; Punjab Anti Corruption Director-General Gohar Nafees; and FIA Punjab Zone Director General Mohammad Rizwan — were added to the no-fly list earlier this week.
Subsequently, Gill and Akbar had approached the IHC on the matter and the court had provided them interim relief yesterday (Tuesday), suspending the FIA order to place their names on the no-fly list.
At today's hearing, FIA officials told the court that the PTI members' names were put on the "stop list" amid the "emerging circumstances in the country".
"What had happened? Had a martial law been imposed?" Justice Minallah questioned.
At that, the officials told the court that the complaint over which the PTI members' names were included in the list was received on April 8.
However, at the previous hearing, the petitioners' counsel had argued that his clients' names were placed on the list at around 2am on April 10 — immediately after the National Assembly passed a vote of no confidence against former prime minister Imran Khan.
The FIA further told the court today that the complaint was forwarded by the FIA Islamabad Zone. They added that Akbar's and Gill's names had been added to the list "for having assets beyond means".
These statements earned the FIA rebuke from Justice Minallah, who said: "What do you mean? Did the previous (PTI) government open these cases against them (PTI members)? Be serious."
"Since when has the FIA become so independent to register cases against people from the incumbent government?" the judge added. "Don't embarrass yourself. Bear in mind that this constitutional court will not let you do all this. The court will not allow all this to happen."
He said the new government should "demonstrate that it will not take actions based on revenge".
"This court has been a witness to what all the FIA has done over the past two years ... It is unfortunate that every government uses the FIA," the IHC chief justice said.
When the petitioners' counsel told the court that the names of the PTI members were still on the no-fly list, despite the court's directive from the previous day, Justice Minallah asked, "What is the law for adding names to the stop list?"
At that point, Akbar urged the judge to question FIA officials on whether they had initiated inquiries against civil servants whose names were on the list.
The officials told the court that two inquiries had been registered.
As for the delay in the removal of PTI members' names from the list, the officials said they had received the court order late and had left to offer Taraweeh prayers by the time the order reached them.
They then assured the court that its directive would be followed.
Terming the matter "serious", Justice Minallah directed the officials to ensure that Gill's and Akbar's names were taken off the list immediately.
He further directed the FIA DG that "no one should be harassed".
Justice Minallah sought a report on the matter from the FIA DG and interior secretary at the next hearing on April 18.
The petition and the order
In his petition, Akbar pointed out that he was placed on the no-fly list "at about 1.55am", just after voting on the no-confidence motion in the National Assembly had taken place, which he said "showed malafide on part of the respondents, who acted at the behest of someone behind the scene without having an inquiry of complaint by any party."
He urged the court to declare the FIA's act void and unconstitutional and order an inquiry into it.
Akbar made the Ministry of Interior, FIA DG, and FIA Immigration additional DG as respondents.
In its order issued on the petition yesterday, the IHC had directed that "the operation of the no fly list/PNIL to the extent of the petitioners and other three officials — Muhammad Azam Khan, Muhammad Gohar Nafees and Arsalan Khalid — shall remain suspended."
It had also sought explanations from the respondents as to "who had authorised the placing of the names of the petitioners and other three officials closely associated with the former premier on the list" as there was no government in place when the names were placed on the list.
"They are expected to satisfy the court that the action was not based on victimisation," the court order read.
from Latest Pakistan News - SUCH TV https://ift.tt/ortbyfF
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