The Sindh High Court (SHC) on Thursday ordered the easing of a travel ban on former military ruler Pervez Musharraf within the next 15 days.
The court’s order will allow Musharraf to leave the country once his name is removed from the Exit Control List (ECL) - perhaps the last procedural hurdle in his departure.
At the same time, the ruling left the door open for the federal government to appeal against the decision. The former president faces a myriad of legal challenges – including treason charges for imposing emergency rule in 2007 while he was in power.
Thursday’s ruling was announced by a division bench of the SHC, comprising Justices Muhammad Ali Mazhar and Shah Nawaz Tariq. The decision was reserved after the court heard arguments that stretched over several months from the attorney general and Musharraf’s counsel.
The order stated that the ban “placing the name of General (retd) Pervez Musharraf on the ECL is struck down.”
In his petition, the former president requested the court to lift the travel ban imposed by the government, allowing him to visit his ailing mother in Dubai. However, some see it as a ploy to flee the country to avoid the cases against him.
![](https://i1.tribune.com.pk/wp-content/uploads/2014/06/143.jpg)
Musharraf contended that he had been granted bail in three other cases linked to his time in power including the assassination of opposition leader Benazir Bhutto, and the murder of Baloch leader Nawab Akbar Bugti. On March 29, the bail was extended by 21 days, however Musharraf was barred from leaving the country without the trial court’s permission.
Commenting on the verdict, Musharraf’s lawyer Farogh Naseem said, “The former president does not want to live like a convicted man. If he is allowed to leave Pakistan, he will come back whenever he is needed.” He advised the government to lift the travel ban instead of going into appeal.
Jurisdiction
During the proceedings, the bench dismissed an objection raised by the attorney general regarding the jurisdiction of the court to hear the petition as “misconceived”.
The court said that the petitioner was residing in Karachi, the partial cause of action also accrued at Karachi where the passport and immigration authorities perform their duties while Federation of Pakistan is performing its functions all over Pakistan, hence the high courts at Karachi and Islamabad both have concurrent jurisdiction in this matter.
Apex court’s order
The judges also observed that the Supreme Court’s order directing authorities to place Musharraf’s name on the ECL was of an interim nature which was merged in the final order and does not survive after final adjudication.
It is a well settled principle that once a final order is passed, all earlier interim orders merge into the final order and the interim orders cease to exist, they added.
“Right of citizen to travel abroad is a fundamental right and abridgement thereto be tested on the touchstone of the constitutional provisions. It is the right guaranteed under Article 2-A, 4, 9, 15 and 25 of the Constitution. No reason was communicated to the petitioner as to why his name was placed on ECL,” the judges said.
The bench further said, “It is also well settled that mere pendency of civil or criminal cases against a citizen is no ground to deny him fundamental right of travel within or outside Pakistan.”
Government’s stance
“We will decide the future course of action on whether to challenge SHC’s decision that directs the government to remove Musharraf’s name from the ECL, said Information Minister Pervaiz Rashid while talking to The Express Tribune following the verdict. “The issue was not discussed during the meeting chaired by prime minister with senior party leaders,” he added.
Published in The Express Tribune, June 13th, 2014.
COMMENTS (14)
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EVERYONE in Pakistan wants to leave Pakistan. But most are trapped along with their Qo-rans.
A good news , let him go to serve his ailing mother to fulffil his Islamic duty as an ex president of the Islamic republic of Pakistan and decide all the bogus pending case against him at the ealiest so that he can contest in the next election . For the time being he still can serve the nation in exile .
He will fly from Karachi Airport ? boat isnt safer ?
Wasn't that judiciary that early remarked that lifting travel ban on Musharraf is the discretion of government. Not sure if they deviated from their earlier stance, or government got a good excuse to shy away from the responsibility of inevitable departure of Musharraf.
Mush is the best leader of Pakistan in recent history. Its so sad the corrupt Media, Judiciary and the so called democratic forces have treated him with so much false propaganda. Salute to you Sir.
Dear Mr.President, My only request to you is to never come back to Pakistan if you are allowed to leave.This ungrateful nation does not deserve a great leader of your caliber. They are too busy in burning tires on streets, swallowing one bad news after another and playing the democracy game
What a pity. He is escaping justice.
So the moral of the story was: Keep calm & see your mommy. Case dismissed!!!
Translation "Free to flee" from Pakistani justice. Only for the high and mighty or those with beards and firearms.
Now wait for his commando training to kick in and keep a close eye on the speed.
Does the SHC have a different outlook/orientation than, for example, the IHC or the Supreme Court?
Finally! Unless Nawaz Sharif out of pure vengeance tries to stop him, Musharraf should be allowed to visit his mother and get treatment as a free man. He has returned to Pakistan of his own volition in the past. He will come back again to clear his name.
Finally, the Government seems to have decided to give it up? Can't bear the pressure of everyone knows of who.
Somehow News does not print any of my mails. Wonder why. Anyhow...any lessons learnt here ?