The learned Deputy Attorney General has submitted copy of a recent order passed by the Secretary , Ministry of Interior . Mr. Falak Sher, Deputy Secretary , Ministry of Interior has appeared but he was not able to answer the queries relating to the aforementioned order. The Secretary in his order has not referred to any law or policy and appears to have solely relied on the statement of Ms Cynthia D Ritchie. The order is self contradictory and in conflict with the earlier order . The Secretary in his recent order has conceded that in the past, Ms Cynthia D Ritchie was granted work visa in violation of the applicable policy/laws. The Secretary has been evasive in recording his findings regarding the crucial question i.e. whether a foreign national visiting Pakistan on the basis of business visa is lawfully entitled to give statements, which are of political nature. The official was asked, what if the statements were made against a holder of public office, such as the Prime Minister or one of the State institutions? He candidly answered that it would have been illegal and such a person would have been taken in custody and deported. He could not give a plausible explanation as to how the grievances raised in the instant petition are distinguishable.
The officer could not justify the inability of the Federal Government to enquire whether Ms Cynthia D Ritchie was genuinely involved in pursuing business interests permissible under the applicable law/policy . The official of the Ministry of Interior , in response to a query , has unambiguously stated that the order passed by the Secretary in this case could not become a precedent because of its adverse consequences regarding such like cases in the future.
2. The manner in which the Ministry of Interior has been assisting the Court in the instant matter is not in consonance with the principles of good governance. The order passed by the Secretary raises serious questions. It appears that either the Ministry is not aware of the applicable laws/policy or for reasons best known, the same are being ignored in the instant case. Laws and policies must be certain and demonst rably applied in each case fairly, without discrimination.
3. It is noted that last and final opportunity is afforded to the Federal Governme nt to properly assist this Court because its conduct so far has raised questions of public importance having consequences relating to enforcement of fundamental rights. In case an officer well conversant with the applicable laws/policy does not appear on the date fixed then this Court will consider summoning the Secretary , Ministry of Interior in person.
4. Relist on 22.09.2020.