SHC orders removal of builder’s name from ECL

The Sindh High Court (SHC) has directed the interior ministry to remove the name of a builder facing a National Accountability Bureau (NAB) investigation from the Exit Control List subject to furnishing a surety of Rs2 million.

The direction came on a petition of Amanullah Memon against the placement of his name on the ECL. A counsel for the petitioner submitted that he was booked by NAB in cases pertaining to a fake account and fake land allotment and later, he entered into a plea bargain with NAB and surrendered the entire land to the Sindh government and refunded all payment to the affected allottees.

The SHC was informed that the impugned order with regard to the placement of Memon’s name on the ECL was seriously prejudicing his right to travel abroad to look after his business interests spread over in so many countries, including the United Arab Emirates where a part of his family also resided.

The lawyer submitted that there was currently no investigation or inquiry in any case pending against his client.

A NAB special prosecutor and investigation officer argued that the petitioner had been pardoned against certain terms and conditions whereby he was required to give evidence in the court and the prosecution case was dependent, among others, upon his evidence.

They submitted that the petitioner’s departure from Pakistan would seriously jeopardise merits of the case as there was strong likelihood that he would not return to the country and dodge appearance in court as the case involved big tycoons belonging to the ruling party of the province.

A division bench of the SHC headed by Justice Mohammad Iqbal Kalhoro after hearing the arguments of the case observed that NAB had not denied that the petitioner had business concerns besides the presence of a large family in Pakistan.

The bench remarked that the bureau’s stance that the petitioner would leave the country permanently seemed to be far-fetched. The high court observed that in order to allay such fears of NAB, the petitioner had even shown willingness to furnish a surety for his return to Pakistan, which was the best bargain in the given circumstances to be demanded of him.

The high court allowed the petition and directed the interior ministry and other respondents to remove the name of the petitioner from the ECL subject to his furnishing a solvent surety in the sum of Rs2 million.