Musharraf's counsel requested the court to remove the former general from the Exit Control List. PHOTO: REUTERS/FILE
A division bench of the SHC, headed by Justice Sajjad Ali Shah, was seized with the hearing of the application filed by the former army chief. Musharraf wants the court to modify its earlier order, which had restrained him from leaving the country without permission of trial courts.
The applicant's counsel AQ Halepota submitted to the court that on March 29, 2013, Musharraf had appeared before the SHC's division bench and requested a 21-day transitory bail to enable him to appear and surrender before the trial courts in the two cases pertaining to the killing of Nawab Akbar Bugti and Benazir Bhutto.
Halepota told the two-judge bench that the court extended his bail for 21 days with the condition that the applicant, Musharraf, would not leave the country without permission from the trial courts, adding that following the court orders Musharraf's name was placed on ECL.
AQ Halepota submitted that the trial courts had confirmed Musharraf's bail in the two cases pertaining Benazir Bhutto and Nawab Akbar Bugti. He said that the former army chief has also been granted bail in the case relating to the murder of Lal Masjid cleric Ghazi Abdul Rasheed during the army operation on the mosque in 2007.
He explained that Musharraf wanted to leave for Dubai to enquire the health of his 95-year-old mother, who is seriously ill and unable to travel to Pakistan. He stated that it was Musharraf's uppermost desire to be with his mother after he had been released on bail in the cases against him.
Placing the former general on ECL was a violation of fundamental rights, Halepota added. Therefore, he pleaded the court to modify its earlier order regarding putting his clients name on ECL.
After hearing initial arguments, the SHC bench issued a notice to the deputy attorney general, advocate general and prosecutor general Sindh to file comments by November 18, 2013.
Meanwhile, a high treason case is still in pending against Musharraf as the Federal Investigation Agency has yet to start its proceedings. The Supreme Court had referred this case to the federal government to initiate the high treason case against the former army chief for twice holding the Constitution in abeyance.
Background
Earlier this May, the then Prime Minister-elect Nawaz Sharif held a meeting with army chief General Ashfaq Parvez Kayani, during which they reportedly discussed Musharraf's fate.
PML-N sources had said there was growing sense within the party’s ranks that Musharraf’s presence in the country and his possible trial could distract the new government from pressing issues. If the former president is allowed to leave the country under the pretext of his mother’s ill health or any other reason, the party should not object to it, the sources said.
Reportedly, a message had been circulating within the army that Musharraf would be allowed to leave the country soon. The ‘message’ was conveyed in a bid to pacify growing unease within the army over the trial of its former chief.
COMMENTS (54)
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@NDC: I beg to differ sir. Musharraf did what he was told to do. Usurped power, joined the war on terror, reaped the windfall, signed the NRO to keep the status quo going and consigned himself to the dustbin of history. Anything beyond that is mere conjecture.
@Rex Minor: You may have a point from the angle of Karma and Spiritualists, I don't disagree with you 100%.
First, as much as a mosque is important in a Muslim's life and religion, all along in our history, we see it did not take too much thinking from by the Invaders, rebels and domestic conspirators to abuse, manipulate, misuse the sanctity of this place of worship. Common Muslim and Muslim leaders have been assassinated, kidnapped, killed, bombed, trapped and taken hostage in a mosques before.After the Green light from the Kingdom they moved in. You see these rebels have left no place safe for their schemes. They can come and kill you anywhere, anytime, any day__ holy or not, through any means possible. This is nothing new in Islamic history. It happened before and will happen again.
@VBMH: Let me tell. you a story about a village somewhere in the province of sindh which suffered heavy floods. Every one was evacuated from the village except the Priest of a mosque who refused to leave the MASJID with the statement that he has all his life looked after and taken care of the Masjid, the house of God and if it does not provide him safety, he is not bothered to seek safety elsewhere! The mosque was the only building of bricks and mortar which survived the floods. I read about this story in the news and similar incididences are reported in other parts of the world. What I say is not a theory nor a hypothesis; and what I say is for those who believe in the God of Ibrahim, who is worshipped in mosques, churches and synagogues. I have travelled in several continents and visited mosques and cathedrals and have witnessed the cosmic energy in all. It is the bricks and the morter which along with the angels who are wtnesses to the tragedy which took place in the city of Islamabad.
Have a nice day sir.
Rex Minor
@John
No Sir, this country was made for people like our corrupt politicians. Musharraf built the country, while our so called politician destroyed it by making their businesses out of it during their respective regimes. They consider corruption as their businesses.
@Ch. Allah Daad: @Rex Minor: Agreed 100%.
Sure sir, why should you be on ECL? This country was made for people like you. Do with it as you please, come and go as you like. Nothing should stop you.
@Tufan Agha: My father was a self made man in Mardan whith only middle school education, he owened Frontier Transpost Company Mardan, and he sent me for education to the US through his hard earned money. You must be mistaken by some other naeem, that is the reason I write the name of the city where I reside now.
@Nida Alvi:
He was advised to come thinking that people have short memories and the majority from the rural are illetrates anyway! Does anyone have the idea how many of the ordinary citizen have gone missing during his rule?
Rex Minor
@VBMH
With all my knowledge I am not able to propose a recipe which improves upon the spirtual awakening of a muslim. It was not the wish of the Creator that a house be built for his glory , but of Ibrhaim who offered his son Ismael so that a House of God is built where the believers can gather toogether and say their prayers to glorify the Creator.
The house of God therefore as in Kaaba and other parts of the world are sacred, provide refuge and sanctuary for those who seek it, and must not be desecrated. This has occured in the city with the name of Islamabad and cannot be justified for any valid reason. The ruler of the state is to protect and not to destroy, sir.. .
Rex Minor
@Rex Minor: What are you talking about? Those are Muslim Extremists who disregarded the sanctity of your temples, churches and mosques not Musharraf.
You have to come to Pakistan to understand these extremist & the loops and hooks they design for ruthless killing of civilians to prove their violent agenda. India don't see anything like we do daily here.@VORTEX:
If you cannot swallow the truth, why name yourself Vortex. Name calling is not healthy, it hurts more those who use them. He was a general, he sent Nawaz Sharif and Zardari Bhutto in exile; he should now sit it out like a good soldier and wait how the laws of the land that he once ruled decide about him? Those who are his fans and support him in what he did should also realise that they might be in contempt for the denial of the greater authority of God, the all powerful and all knowing.
Rex minor
@Grinz09 Let me try and hope that ET will receive my response! The man you call President did not snub the then Israeli Prime Minister but instead shook hands with him. People do not make me angry or embittered but when they use excessive force against humans and challenge the authority of the God almighty and then try to relativise with a spin, my conscious tells me to tell others about it. Mr Musharaf ordered the attack on a Masjid in the city of Islamabad!, and thus broke the sanctity of the house of God. If he was to go to the mosque in question for a period of seven days and ask for Gods forgiveness of what he did and pray for those who died inside the mosque, I shall withdraw all my comments. Have a nice day sir!
Rex Minor
If he goes out he will never come back, the way he remained in self-exile during the 5 years (2008-13).
@Rex Minor: You seem to be very angry. A number of people met the President at different places and different locations (including Davos) and sought ignominious favors with offers but he firmly snubbed them. These are the people who remain embittered.
@naeem khan Manhattan Ks: "A precedence must be established once for all by prosecuting Musharraf and let it be known to those ambitious Generals who are waiting in the wings............."
The world will laugh if he is tried under article 6! The world will laugh because the Court that will try him is HEADED by a judge who not only validated his take over but gave him immense powers.
@Rex Minor:
"Sorry General, you must stay put in the country which granted you the refuge in the first place."
Mr. Minor grow up!! Your persistent racist comments only proves ignorance. The muslims of India struggled for Pakistan while Wadera's, Sardar's, Chaudhries were busy with their usual 'stuff'! A quote:
"Racism is a refuge for the ignorant. It seeks to divide and to destroy. It is the enemy of freedom, and deserves to be met head-on and stamped out." Pierre Berton
You are a free man, We need you to clear all the mess around.
@Rex Minor: As always you are making sense. But unfortunately, my people side with governments and people, who devoid them of their own rights. They side with those who rob their pockets of hard earned cash, who make a mockery of the nation and enslave it before foreign nations. I have begun to realize only recently, how grave the problem is with the masses. Media-controlled zombies putting on a smiley face as the federal policies bleed them dry...
@Rex Minor: You are in no position to speak about Musharraf's mother. The courts have all just stated there are no evidences against Musharraf in any of the cases. That means he is innocent as he claims (and scores who believe him as an honest person). For your information his mother is very proud of what he did for Pakistan, first as a decorated Army officer, and then as its President. She knows that all the cases are concocted. She gave him her blessings to return to Pakistan this year, and when asked what she thought of his return she very rightfully said Pakistan is his country and he should serve it. You should refrain from making up stories that you don't have any facts on.
@Dr.A.K.Tewari: Are you now trying to put on a spin on the story released in the press during this year? what is Islamic about visiting ones ailing mother when one has dishonoured her by his own acts?. You reckon that his mother does not know about her son's profile and is proud to watch him going through the courts being accused of murders?
Rex Minor
He can see and talk with his mother on Skype . He does not need to leave the homeland. If he still wants to leave then all assets under the his name and under his wife name should be given to govt as surety that he will come back. If he does not then those assets will be confiscated automatically. We have one bad example in the past. Mr Haqani, previous ambassador to US was allowed to leave the country and then he refused to come back. We should learn from the history.
@Ch. Allah Daad: Musharraf served his motherland thousand times better than your favorite NS. The economic, educational, social growth and big decline in corruption are just a few of the facts and figures that are undeniable (unless you lie or outright engage in dishonesty). And please don't lump in Musharraf's small money abroad with your favorite elected leaders. Unlike them there is not a single case of corruption against Musharraf, and any money he has abroard he earned abroad. He did not move a single rupee from Pakistan to abroad. Facts are facts, sir. That's why so many people respect him rather than you or your leaders (you don't have to go farther than this forum to see that).
@Ch. Allah Daad: Here you go again! You have some religious calling to hate him, don't you? How much loan did he took from you, by the way? Or you are just a pathetic hater?
Musharraf is a man of his words. If he says yes then he definitely will come back likely in March 2014 when the real March is going to start against the corrupt Government of Nawaz sharif and hopefully a mid term elections will be held. Musharraf will participate and come as a hero of the nation and will control all the mess created by the immediate past and current Government Insha Allah@A-No.1:
@Rex Minor: You will be once again disappointed when the courts order his name to be removed from the ECL. Musharraf has (to your dismay) faced the courts true to his word and fought the false cases rather than flee, and the courts will be legally bound to order his name off the ECL. As to your continuing tirades regarding Musharraf being given refuge in Pakistan, let me correct you. The Muslims of pre-partition India collectively struggled for the creation of Pakistan and therefore after the Independence had every RIGHT to live in the nation they just founded. There was no Pakistan before 1947. NO ONE asked for your permission to grant them refuge in Pakistan. Afganis in Pakistan are refugees, Muslims who created Pakistan are NOT. Let's be very clear about it. Your comments continue to smack of racism which speak of the person you are.
George W. Mush ,.. all set to fly!
@kapt slim:
agree..the first leader, military or civilian, who faced all charges against him. did not request for and sign an NRO. did not, despite int'l and domestic pressure, leave the country. he stayed. this is something that all pakistanis must appreciate, as much as they may dislike him. it was the right thing to do. he has cleared his name for now and is on bail. he should fight any other charges and acquit himself and then decide what he wishes to do.
Who says his name has been in ECL ? He was not even in jail so far . He was in self exile and later he was in self confined to complete his incomplete book and court has provided him full facility to complete his book . Now he is going to serve his ailing mother as in Islam it is a supreem duty of a son and no body in Islamic Republic of Pakistan can raise finger on him . Let him go to rejuvinate so that when he will come back with full vigour , no one can dare to stop him to sit on the chair of PM of Pakistan , Ofcourse not of the Islamic republic of Pakistan . ???
Can anyone recall any country allowing an alleged murderer to leave the country when out of bail? Possible execution on conviction provides a great incentive to disappear.
Mr. General Retired should be released for do his mother tendency not for that he has done something wrong but keeping in view he is a Former General of Pakistan Army and President as well.
MUSH you are required to kick the enemies of Pakistan
@naeem khan Manhattan Ks: Have you digested all the millions which your father made from WAPDA. One of the reason for load shedding
@naeem khan Manhattan Ks:
You are nothing but a hatemonger of the army and chamcha of nora. No respect from me for a bone head.
@kapt slim: You have probably never heard that the murderer always return to the place where he has committed the murder. Regardless of your opinion, it is a fact that his appointee chief and subordinate Generals are still in control of the army and his being in the criminal dock is not very well accepted in the ranks. He is a con man and will use every trick to escape the justice. The most honourable thing which the army Generals undertake as a BOSS under similar circumstances are not to challenge the trial courts or hanging around in ice cream parlours of the London edgware road, or to take the role of a victim but to act like a brave soldier as recorded in history books. But he is the true incarnation of the narcissism.
Rex Minor
Ch. Allah Dad The example you gave perfectly matches to your leader NS.
The Army was growing uneasy with Musharraf's trial, this is the same Army which has hanged an elected prime minister and over threw elected governments over the years and misruled the country for decades and in the process some of the Generals has become millionaires and above all gave this curse of religious bigotry and intolerance to the nation, can we deny this. I say bring his mother by a special air craft equipped with medical hardware to Pakistan, she could live in his mansion in Islamabad. I would forget about these frivolous cases of murders but he must be tried for holding the Constitution in abeyance two times during his illegal rule of 10 years. When would you Pakistanis ever respect and obey your constitution, is it a piece of paper which could be torn in thousand pieces as another dictator Zia has said. The turmoil in Pakistan is directly connected to the lawlessness and disregard of the constitution, even the previous and current governments are skirting the laws of the land to benefit their hold on the country. A precedence must be established once for all by prosecuting Musharraf and let it be known to those ambitious Generals who are waiting in the wings that they will meet the same fate if they stage a military coup in the future. Pakistanis tax payers pay them handsomely to safeguard the borders from the enemies and not rule the country for their egos.
Government should also extend its apologies for discomforting his excellency after all he is a military man and cant be messed with!
The accused man on murder charges is on bail only and with the restriction that he does not leave the country. He is the kind of guy who cannot be trusted and is capable of using every trick to escape the justice. Sorry General, you must stay put in the country which granted you the refuge in the first place.
Rex Minor
Please become active in politics to get us rid from the corrupt rulers.
Shaheen is near to fly after hunting. All ways are cleared just wait a bit,, you will be with your mother. We will be waiting to see you again on the ground of Pakistan. Your fly would be a slap on the faces of those who were laughing a couple of months ago, now its our term to laugh at them.
While Munawar Hassan roams free?
I disagree with the last paragraph of this report. I am from Army and I can confirm it that there is no such message circulating in army circles. The General faced all his charges .... Like a BOSS ... he had all the chances to flew away but he stayed and faced the charges against him ... this thing must be praised
Let him go abroad to serve his mother. I hope he would not serve his mother the way he served his motherland. These cowards keep their families and assets abroad and then beg to go abroad when in trouble with the law. What is the difference between him and those women who invite rapists to get Canadian immigration.
Let him go. If at the airport of departure he says "I shall return (quoting Douglas MacArthur)" then he will. If he does not say this then he will exile himself for a number of years.