The former president had pleaded the court for the modification of its earlier order that restrained him from leaving the country without the permission of trial courts. PHOTO: REUTERS/FILE
The court, however, allowed a request to hear arguments of the Attorney General of Pakistan (AGP) on the application moved last week by Musharraf to remove his name from the Exit Control List (ECL). Justice Sajjad Ali Shah, who headed the two-member bench, directed the AGP to appear in person and argue on the matter on November 22.
The former president had pleaded the court for the modification of its earlier order that restrained him from leaving the country without the permission of trial courts.
His lawyer, AQ Halepota, informed the bench that on March 29, Musharraf appeared before the SHC division bench and requested it for a 21-day transitory bail for enabling him to appear and surrender before the trial courts in two separate cases of the killings of Nawab Akbar Bugti and Benazir Bhutto.
While the judges extended his bail for 21 days, he was also ordered not to leave the country without permission from the trial courts, said the lawyer, adding that his client’s name was included in the ECL following the court’s orders.
Halepota submitted that the trial courts have confirmed Musharraf’s bail in the two cases and the former president was also granted bail in the case relating to the death of Lal Masjid cleric Ghazi Abdul Rasheed and his mother during the army operation in 2007.
He said Musharraf wanted to leave for Dubai to enquire about the health of his 95-year-old mother who is seriously ill. It was Musharraf’s desire to be with his mother after he had been released on bail, maintained Halepota.
The counsel said that placing the former president’s name on the ECL was a violation of fundamental rights. Therefore, he pleaded the court to change its earlier order.
During its earlier hearing, the bench had issued a notice to the deputy attorney general, and advocate general and the prosecutor general of Sindh to file comments till November 18. However, on Monday, the Sindh AG was not present in the court.
Advocate Faisal Siddiqui, who is assisting AGP Munir A Malik, informed the bench that the AGP himself wants to address the court on the issue. He requested for time to enable Malik to appear. Allowing the request, the bench directed the AGP to appear and argue on the matter on November 22.
Published in The Express Tribune, November 19th, 2013.
COMMENTS (4)
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Good to hear let us join hands together are u in Pakistan @Uza Syed:
@abid Mohiuddin: Agree!
Both judiciary and Political parties especially the party in power are trying to safeguard their interests through this case but none of them having potential to over come from the net laid down by Musarraf during his rule . Every one has to follow the path of his choice to shape the destiny of the country . Forget Kashmir and eliminate terrorists and their supporters gradually .
A very ridculous decision on the part of biased judiciary