Musharraf’s name on ECL: SC indefinitely adjourns govt plea hearing

The bench asks if SHC can suspend decision to place Musharraf’s name on ECL

ISLAMABAD:

The Supreme Court on Wednesday adjourned hearing on government plea against a Sindh High Court decision to remove former President Gen (retd) Pervez Musharraf’s name from the Exit Control List (ECL).

On Wednesday, a five-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, adjourned the case indefinitely on the request of Musharraf’s counsel citing busy schedule of the lawyer who is appearing before a special court in the treason case against the former president.

“The matter before the trial court requires detailed preparation, and in order to effectually assist this honourable court in the instant matter, more time is required by respondent No 1’s [Musharraf’s] Advocate Supreme Court for preparation and research,” said Barrister Farogh Naseem.

Insiders revealed that Musharraf’s legal team is reluctant to contest the ECL case as they are aware that their case is weak and a coercive order may be passed against their client.

Earlier on Monday, the attorney-general submitted records along with court orders in six cases, including the Lal Masjid case, the Benazir Bhutto murder case, the judges’ detention case  pending against Musharraf in different courts.

On June 23, the court suspended the SHC’s judgment and adjourned the hearing for four weeks – which did not take place later. Further, on July 25, the court rejected the former president’s plea to schedule the hearing immediately after Eidul Fitr.

Issuing a four-page order on July 1, on the same case, the top court observed that it has granted leave to the government’s plea to consider four questions.

The court said whether or not the apex court’s April 8, 2003 interim order and the July 3, 2013 final order merge, the principle of the merger was not attracted in this case regarding the restriction on Musharraf’s travel abroad.

The bench questioned whether the April 8 order was an interim one and if on the basis of integration of the law the interim decision was included in the final order issued on July 3.

“Can the SHC suspend the April 5, 2013 decision to place Musharraf’s name on the ECL?” the bench had asked. The bench also questioned if, without modification or reversal of the SC’s April 8, 2013 order, Musharraf can be permitted to leave the country.

Musharraf is facing four criminal cases including one high treason case. Prior to the filing of the government’s complaint, four petitions were filed before the SC in which the petitioners had prayed for direction to prosecute Musharraf under the 1973 high treason act.

Petition seeks FIR against Musharraf

A petition was filed in the Islamabad High Court on Wednesday seeking registration of FIR against Musharraf for allowing drone attacks inside Pakistan.

Citing the SP, SSP and SHO Secretariat as respondents, the petition, filed by capital resident Mian Zahid Ghauri, urges the court to pass the order to register a case against Musharraf for permitting drone attacks in Fata.

Advocate Mian Ahmed Khan, the counsel for the petitioner, told The Express Tribune his client had approached an additional district and sessions judge in February to order police to register the case but his plea was rejected.

Published in The Express Tribune, October 2^nd, 2014.