Musharraf ECL case: Supreme Court issues detailed verdict
In the four-page verdict, written by Justice Nasirul Mulk, the apex court raised five questions:
1) Was the court’s April 8, 2013, decision interim?
2) On the basis of integration of law, was the interim decision included in the final decision?
3) Can the Sindh High Court (SHC) suspend the April 5, 2013, decision to put Musharraf’s name on the ECL?
4) Can Musharraf be allowed to travel abroad without changing the court order?
5) Is the government's decision to put Musharraf's name on the ECL according to the 2010 rules?
On June 23, the top court had suspended the SHC’s June 12 verdict regarding the removal of the former president's name from the ECL.
The SHC had ordered the government to remove Musharraf’s name from the ECL. However, it had also granted a 15-day time period in which federal government could file an appeal in the SC against the order.
Ghazi murder case
Earlier today, exempting Musharraf from appearing in person today, a court in Islamabad ordered him and his guarantor to be present during the next hearing of the Abdul Rasheed Ghazi murder case at all costs.
The exemption was given in response to a request filed by Musharraf's legal team.
Additional District and Sessions Judge Wajid Ali Khan heard the case today and said that legal action will be taken if Musharraf fails to appear before the court on July 23 -- the date of the next hearing.
Musharraf has been accused of murdering former ‘prayer leader’ of Lal Masjid Abdul Rasheed Ghazi during the infamous 2007 operation.
During the hearing of the case, Musharraf's lawyer Akhtar Shah submitted his client's medical report, requesting for exemption.
He argued that according to the report, which was prepared by a team of five doctors from a private hospital in Karachi, Musharraf cannot travel.
Shah also argued that Musharraf cannot appear before the court because of security reasons, adding that the defence was not asking for permanent exemption.
On September 2, 2013, a case was registered against Musharraf for the murder of the former cleric and his mother during the Lal Masjid operation.
The case was filed after Haroon Rasheed, Ghazi's son, submitted an application at the Aabpara police station for the registration of an FIR against the former president for involvement in the death of Haroon’s father and grandmother.
In the application, Haroon had referred to about 20 pages of the Lal Masjid Commission report, which held the former president responsible for the operation.
COMMENTS (14)
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Its tit for tat. If the (honorable) judges are willing to hear a fake case of victimization then they should not expect full cooperation either. I say throw out this case and stop wasting the country's limited resources.
Musharraf is not seeking excuses .He is smart enough to give time to these fake judges and fake judicial system
These SC judges know that revolution is on the way and their stupid favoritism for the Nawaz Government and antogonism for Musharraf will sink the boat in which the Government and the so called kale justices are riding
Musharraf will get another guard honor and will return to lead the country
The Supreme Court is the highest political forum , when Govt and the court are so to say on the same page decisions will be in Govt ' s favour if not then decisisions will be against the Govt . The rest of the five points are sophistry to confuse the people and muddy the waters and be seen above the fray .
The government will allow him to fly out of Pakistan if dark forces promises to send fake revolution and tsunami with him.
How confused... SC is supposed to give answers in the verdict not ask questions.
@Muhammad Rizwan Ali: Do you even understand the concept of appeal? And yes. SHC IS a lower court as compared to Supreme court.
I do not know if the decision is correct or not based on merit, but the idea that a high court decision is reversed by SC during an appeal is not at all unusual.
As an Indian I am not fan of Musharraf by any means. However i find the qccusation that he killed the chap in Lal masjid case absurd. It is the JOB of a ruler to establish wri of government and if a mosque is being used to facilitate, kidnap, extortion, murder, gun running, it is his job to order that it is cleaned up.Tomorrow someone may want to prosecute Rahil Sharif because some TTP chap is killed in the current NWA operation. This is absurd. There has to be immunity for executive action taken in good faith.
@Sonya: The whole concept of appeal to a higher court is that the higher court may reverse the earlier decision. If that were not the case and an identical decision were to be expected in the higher court every sinle time, there would be no reason to even have an appeal process. During appeals, it is rare for fresh evidence to be presented. Usually what is sought is a fresh interpretation of existing laws if it is believed that the lower court did not intepret the laws correctly.
All is good,
Musharraf is becoming more popular on a min. to min. basis.
And
What the present Govt. is doing is basically digging a pit for itself, I think it should be a little bit more foresighted as it really doesn't take too long for things to go the other way in Pakistan.
Will they be able to endure the same when their turn comes?
All this legal aurguments but the real matter is missing. Court should have asked federal govt. to ensure Mush attendance to the courts whenever requested by any of the courts hearing his cases .If Govt can guarantee it then name be exempted from ECL and Mush can visit his ailing mother. And if he doesnt return just like Haqqani ; I would say good riddance. I dont know what game federal govt and courts are playing but it is dangerous for democracy. Army is not happy and thus creating all sorts of problems thru likes of IK and TUQ. NS should be wiser after all these years. But no , he is as bhola (or foolish?) as before .
The SHC had ordered the government to remove Musharraf’s name from the ECL
Now Supreme Court again asked to stop,and ask for more details... SHC is not lower court, why SC not respect the SHC order?
What a cat and mouse play to fool the nation !!! If the head of the state cannot get a decision just imagine about common man ....
A five member bench of the epic court has suspended the SHC decision to remove Gen. Pervez Musharraf’s name from the ECL. Apart from going into the pros and cons of the case, one wonders as to how the SHC had given the verdict for the removal of the name and why has the SCP now given orders to the contrary. Did the SHC hear some other arguments and the SCP some other? Did the SHC apply some other law and the SCP some other? And if it was the same law then did the SHC interpret it differently and the SCP differently? If it is only a matter of interpretation of the same law then does it mean that the honourable judges of the SC are more competent in interpreting the law than the honourable judges of the High Courts? Weren’t they (SCP judges) once upon a time also the judges of similar high courts or even of still lower courts? Were they then any lesser competent in interpreting the law than now? If they are all the same and competent ! in every word of it, which they are, then pray tell me what makes them interpret the law differently? Incidentally it is not in Pakistan only, it is all over the world that in most cases the decision of the lower court is reversed by the higher court!! (Courtesy Col Jafri)