SC bars govt from transfers in high-profile criminal cases

Islamabad: The Supreme Court Thursday barred the government from transferring officials involved in "high-profile" criminal cases of National Accountability Bureau (NAB) and Federal Investigation Agency (FIA) as well as those being heard by special courts. 

According to details, the Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial issued the directives in a suo motu notice which he took yesterday against the perceived interference of the government office-bearers in the criminal justice system of Pakistan. 

Following the proceedings, the court directed the FIA, and NAB to seal records of prosecution and investigations in high-profile cases. While, the authorities have been asked to inform the court about the relevant measures to secure the record.

The apex court also issued notice to the secretary interior, director-general FIA, chairman NAB, prosecutors, advocate general, and head of the prosecution department—demanding an explanation about interference in prosecution. 

Apart from issuing orders against withdrawing any case from the courts until further orders the court also sought details of the names included and withdrawn from the Exit Control List (ECL) . 

CJP Bandial said that newspaper clippings indicated that thousands of names were removed from the no fly list and at least 3,000 people benefitted following modifications in ECL rules. 

The proceedings were meant to protect the ‘rule of law’ and ‘criminal justice system’, remarked court, adding that they were not intended at embarrassing or accusing someone. 

He also expressed the hope that the federal government would cooperate in providing an explanation.

The court noted that the FIA prosecutor had filed a written application, stating that he had been asked, not to appear in the money laundering case against Pakistan Muslim League-Nawaz (PML-N) President Shehbaz Sharif and his son Hamza.   

The chief justice also raised questions regarding the transfers of DG FIA Sanaullah Abbasi and FIA Lahore Chief Dr Rizwan, who later passed away. 

Expressing concerns, the court stated that such perceived interferences may influence the prosecution of cases, tampering, disappearing of evidence and transfer and postings of officers.