ISLAMABAD: Apprehending that several high-profile suspects involved in alleged money laundering and fake bank accounts cases could flee abroad, the National Accountability Bureau (NAB) has approached the Supreme Court seeking an urgent hearing of its appeals against a Sindh High Court (SHC) order directing the removal of certain accused persons’ names from the Exit Control List (ECL).
In its applications filed before the apex court, NAB warned that unless the SHC order was suspended immediately, “a majority of the accused would flee the country,” frustrating ongoing investigations and accountability proceedings involving billions of rupees.
Shocked over the SHC verdict, NAB stated that while granting relief to one of the influential accused in the fake accounts case, the high court went beyond its jurisdiction by directing NAB and other respondents “not to place the name of the petitioner in future on any travel ban list without the permission of this Hon’able court. Such reliefs are presumptive in nature and beyond the jurisdiction of the high court,” the accountability watchdog contended in its appeal.
NAB further pointed out that the SHC had extended relief even in cases where one of the accused had already paid Rs2 billion out of Rs9 billion committed under a plea bargain arrangement with NAB.
The bureau also questioned how the SHC assumed jurisdiction in a matter pending before an accountability court in Islamabad. It said that in one such case, the accused argued that since he resided in Karachi and used Jinnah International Airport for travel, the SHC had territorial jurisdiction -- a stance NAB said was legally untenable. The SHC accepted the accused’s territorial jurisdiction of the basis that he lives in Karachi and uses city’s Jinnah terminal for air travel.
“The reference is pending before an accountability court in Islamabad, yet the SHC has directed all respondents, including NAB, to remove the accused’s names from the ECL, blacklist, passport control list, or any other stop list imposing travel restrictions,” the appeal stated.
The NAB also reminded the apex court that the fake accounts cases originated from the Supreme Court’s 2019 decision, in which the court had barred the accused and their male family members from travelling abroad. It questioned whether the SHC could pass an order on a matter that falls within the purview of the Supreme Court’s implementation bench.
The accountability watchdog further highlighted the haste with which the SHC decided the cases. NAB said it received notice on September 16, and the case was fixed for hearing the very next day -- September 17 -- despite relating to Islamabad jurisdiction. NAB’s prosecutor requested time to file para-wise comments, but the plea was rejected and the petition was allowed, directing immediate removal of the petitioner’s name from all travel embargo lists.
The NAB also informed the Supreme Court that the matter had been heard by a constitutional bench of the SHC, even though it did not fall within the jurisdiction of such a bench.
The bureau urged the apex court to take up its appeals on an urgent basis and suspend the operation of the SHC order to prevent the accused from absconding from the country.
