Rao Anwar, the main accused in Naqeebullah Mehsud murder case, on Thursday filed a review petition against the Supreme Court order dated 10th January, 2019. A three-judge bench headed by former Chief Justice Mian Saqib Nisar on January 10 had turned down Rao Anwar's petition to remove his name from Exit Control List (ECL) as he wished to perform Ummrah and meet his children abroad.
Rao's name was placed on ECL on the directions of the apex court on 21-03-2018 by the Ministry of Interior. In his review petition, the former SSP Malir prayed to the court to set aside impugned order. He submitted that 10th January order is an order without reasons causing serious miscarriage of justice as he has been deprived of his fundamental right of freedom of movement.
Rao Anwar contended that while passing the impugned order, the apex court completely overlooked the principal of law that mere registration of FIR or pendency of criminal case is not sufficient reasons to curtail or abridge fundamental right of freedom of movement of an accused person.
The top court has also overlooked the fact that superior courts have always struck down and deprecated the orders of executive authorities placing name of accused persons facing criminal trial in ECL and the same principal attracts while passing judicial orders having the effect of curtailing or abridging the fundamental rights of a citizen.
The court has not taken conscious and deliberate decision on the points of law raised in the main petition, which is a material irregularity converting a process in aid of justice to a process of gross injustice.
The impugned order did not notice an important aspect of the matter that the petitioner's involvement in the crime is farfetched and is based upon assumptions, surmises and conjectures.
There is no likelihood of trial concluding in near future as even the charge has not been framed so far and there are about 70 witnesses. The impugned order has the effect of indefinite restriction on movement of the petitioner, which is gross violation of his fundamental rights.
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