High treason trial: Musharraf wants SC to adjourn hearing on appeal
Lawyers reluctant to contest ECL case as it is ‘weak’
ISLAMABAD:
Former military ruler Pervez Musharraf has approached the Supreme Court to adjourn the hearing of an appeal against the Sindh High Court’s decision to remove his name from the Exit Control List (ECL).
A five-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, is taking up the government’s appeal today (Wednesday).
The former president’s legal team has submitted a single-page application to the court, requesting adjournment of the case as Musharraf’s lawyer Farogh Naseem is busy appearing before a special court in the treason case. However, a lawyer who wished to remain anonymous, said Musharraf’s legal team is reluctant to contest the ECL case in the apex court as they are aware that their case is weak and a coercive order may be passed against their client.
“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 Naseem. The application said there is no cavil with the proposition that the court is to be given precedence, however, in view of the peculiar circumstances; the plea for adjournment has been made in the interest of justice.
On Monday, the federal government submitted the records of cases pending against Musharraf in different courts. The office of the attorney general of Pakistan submitted records along with court orders in different six cases, such as the Lal Masjid case, Benazir Bhutto murder case, and the judges’ detention case.
Musharraf is facing four criminal cases, including one high treason case filed by the federal government. Prior to the filing of the government’s complaint, four petitions were filed before the SC wherein the petitioners had asked for instruction to the government to prosecute Musharraf under the High Treason Act 1973. The court on April 8, 2013 directed the secretary interior to make sure Musharraf’s name was placed on the ECL. Musharraf challenged the federal government’s April 5, 2013 order, placing him on the ECL, as well as the April 2, 2014 order, rejecting his application to withdraw the earlier order.
The SHC, on June 12, allowed his plea and struck down the office memorandum dated April 5, 2013 on the grounds that the top court’s April 4 order had merged into a final order dated July 3, 2013, wherein all four petitions were disposed of but no order was made to place Musharraf’s name on the ECL. Additionally, the April 4, 2013 memorandum had not mentioned any of the grounds enumerated in Rule 2 of the Exit from Pakistan (Control) Rules 2010 according to which the federal government is empowered to prevent any person from leaving the country.
Published in The Express Tribune, October 1st, 2014.
Former military ruler Pervez Musharraf has approached the Supreme Court to adjourn the hearing of an appeal against the Sindh High Court’s decision to remove his name from the Exit Control List (ECL).
A five-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, is taking up the government’s appeal today (Wednesday).
The former president’s legal team has submitted a single-page application to the court, requesting adjournment of the case as Musharraf’s lawyer Farogh Naseem is busy appearing before a special court in the treason case. However, a lawyer who wished to remain anonymous, said Musharraf’s legal team is reluctant to contest the ECL case in the apex court as they are aware that their case is weak and a coercive order may be passed against their client.
“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 Naseem. The application said there is no cavil with the proposition that the court is to be given precedence, however, in view of the peculiar circumstances; the plea for adjournment has been made in the interest of justice.
On Monday, the federal government submitted the records of cases pending against Musharraf in different courts. The office of the attorney general of Pakistan submitted records along with court orders in different six cases, such as the Lal Masjid case, Benazir Bhutto murder case, and the judges’ detention case.
Musharraf is facing four criminal cases, including one high treason case filed by the federal government. Prior to the filing of the government’s complaint, four petitions were filed before the SC wherein the petitioners had asked for instruction to the government to prosecute Musharraf under the High Treason Act 1973. The court on April 8, 2013 directed the secretary interior to make sure Musharraf’s name was placed on the ECL. Musharraf challenged the federal government’s April 5, 2013 order, placing him on the ECL, as well as the April 2, 2014 order, rejecting his application to withdraw the earlier order.
The SHC, on June 12, allowed his plea and struck down the office memorandum dated April 5, 2013 on the grounds that the top court’s April 4 order had merged into a final order dated July 3, 2013, wherein all four petitions were disposed of but no order was made to place Musharraf’s name on the ECL. Additionally, the April 4, 2013 memorandum had not mentioned any of the grounds enumerated in Rule 2 of the Exit from Pakistan (Control) Rules 2010 according to which the federal government is empowered to prevent any person from leaving the country.
Published in The Express Tribune, October 1st, 2014.