SHC allows Ayyan Ali to travel abroad

KARACHI: The Sindh High Court on Monday struck down the memorandum of interior ministry on restricting fashion model Ayaan Ali from travelling abroad, observing that the interior ministry’s memorandum was contrary to the Exit Control Policy.

The judgment, authored by Justice Muhammad Karim Khan Agha, also directed the Ministry of Interior to place on its website all those persons who were currently on the ECL within three days along with details of their national identity cards, addresses, fathers' names and information as to what steps may be taken by them to appeal against or review such decision.

The court also directed the ministry to ensure that each and every affected person, within seven days of his/her name being placed on the ECL, is served with a hard copy of memorandum together with speaking order as to why the name of such person has been placed on the ECL, along with procedure for appeal or review. The court observed that the appeal or review be heard with a right of hearing of the person and decided within 30 days so that the right of review/appeal is meaningful and effective rather than illusionary or rendered redundant.

Ms Ali, now on bail, was facing trial for smuggling $500,000 before the Customs Court at Rawalpindi. She was arrested by the Customs authorities at the Islamabad Airport on March 14 after the recovery of $506,800 from her luggage. According to the prosecution, Ayyan was trying to smuggle undeclared $506,800 from Pakistan to Dubai.

Being aggrieved with placement of her name in the ECL, the petitioner submitted that the trial court granted her bail in the case and released her passport on her request as she wanted to travel abroad. However, she said that the executive authority, in defiance of the judicial order, had placed her name in the ECL.

The counsel for the petitioner, Sardar Lateef Khosa, had submitted that placing the name of the petitioner on the ECL was violative of Article 4 of the Constitution, against the principles of natural justice and contrary to the spirit of Section 2(3) of the ECL Ordinance 1981. He submitted that the right of the petitioner, including free movement, cannot be curtailed whereas the petitioners’ right of business, profession guaranteed under the Constitution, has also been ruthlessly violated through placement of her name in the ECL.

He submitted that no prior notice has been given to the petitioner prior to placement of her name in the ECL, although the authority concerned should have dealt with the matter judiciously. The counsel submitted that the name of the petitioner was placed in the ECL on the recommendation of Federal Board of Revenue for smuggling the US currency.

To a court query, he submitted that though no case of money laundering has been pending against her client yet the government placed the name of the petitioner in the ECL on the charge of smuggling the US currency. The petitioner's counsel submitted that her mother was ailing and she also faced difficulties to complete her professional obligations abroad. He requested the court to set aside the impugned memorandum regarding restriction on the petitioner for traveling aboard.

Additional Attorney General Salman Talibuddin had raised objection over the maintainability of the petition on point of territorial jurisdiction as the matter relates to the federal capital and all connected material was lying with the Islamabad Police. He submitted that the federal government had introduced a new policy in 2015 to deal with the travel restrictions, which also have jurisdiction to review the decisions on representation of aggrieved persons. The federal law officer said the petitioner so far did not avail the remedy provided under the new policy and the court had no jurisdiction to entertain the petition as the petitioner did not challenge the new ECL policy.

The division bench of the SHC, headed by Justice Ahmad Ali M Sheikh, had reserved the order after hearing the arguments of the counsel. The court observed that the petitioner was prevented for one year from leaving the country and cannot be prevented indefinitely while on bail having not been convicted of any crime and her detention in Pakistan may hinder her professional career and her need to see her ailing mother.

Allowing the appeal of Ayyan Ali, the court observed that the memorandum was passed contrary to the ECL policy, relied upon by the federal government which did not include the offence of smuggling. The court observed that since almost a year has passed but no case has so far been registered against the petitioner for money laundering and expect that concerned authorities act in a bona fide manner strictly in accordance with the law. 

The court directed the interior ministry to immediately remove the name of the petitioner from the ECL and allow her to travel abroad if she so desires. The court, however, suspended its judgment for 10 days on the request of Additional Advocate General, who wanted to put the judgment of the SHC before the Supreme Court.