Confined person cannot be placed on ECL-says IHC

Khudayar Mohla
Islamabad, (TLTP): A recent petition filed in Islamabad High Court seeking name of a Christian lady Asia Bibi on no-fly list has been dismissed on Monday for the reasons that no person name could be placed on Exist Control List (ECL) while she is behind bars and her appeal against capital punishment is pending before Supreme Court for final decision.
Supreme Court has reserved verdict during first week of the current month against concurrent decision of awarding capital punishment to Asia Bibi whereas Chief Justice Mian Saqib Nisar said in a short order of the matter that print and electronic media must refrain from commenting over the case till pronouncement of final verdict in the appeal of Asia Bibi.
Soon after the apex court reserved verdict in Asia Bibi case, Hafiz Ihtesham Ahmed, ex-spokesperson of Shodha Foundation of Pakistan invoked the IHC jurisdiction for placing Asia’s name on the ECL, however, a single member bench of Justice Mohsin Akhtar Kiyani dismissed the plea saying “eventuality when a person is already confined in jail, his name could not be placed on ECL”.
Justice Mohsin Akhtar Kiyani also said in his order, “Similarly when the matter is pending before the apex court… any order passed by any other court amounts to interfering in the proceedings of the apex court and no writ could be issued at this stage , the instant writ petition is misconceived and the same is hereby dismissed in limine. However, petitioner may approach the apex court for redressal of his grievances, if so advised”.
Challenging the decision before the IHC through an intra court appeal, Hafiz Malik Mazhar Javed, counsel for the petitioner requested the court for setting aside the one-member judge decision.
Petitioner also sought the court’s directives for federal interior secretary, director general Federal Investigation Agency and chief secretary Punjab to ensure that till final decision of the Supreme Court over Asia’s appeal, she must not be permitted to travel abroad.
After a brief hearing on Monday, a division bench of the IHC comprising Justice Athar Minallah and Justice Miangul Hassan Aurangzeb also dismissed the intra court appeal.