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Wednesday November 27, 2024

Govt, not SC, let Musharraf go abroad

By Ahmad Noorani
March 22, 2016

ISLAMABAD: During the proceedings of the Musharraf ECL (exit control list) case, the Supreme Court spent hours pressing the government attorneys to take plea against removal of the former military ruler’s name from the ECL and not to allow him leave the country as he is required in the high treason case but it never happened.

During course of all the hearings, the attorney general remained stuck to the point that the government has “only put Musharraf’s name on the ECL as it was ordered by the apex court”, however, the order referred by the AG was an interim order.

Astonishingly, when the apex court told the AG that the said order was only an interim order, and has no force now and that the government should take a stance for putting Musharraf on the ECL and inform the court about pending cases and allegations against him along with evidences, the AG insisted he will rely merely on the ‘2013 interim order of the Supreme Court’. This in legal terms simply meant that the government had decided in principle to allow the ex-dictator to run away from the country for whatever reasons and was just frustrating the superior judiciary’s efforts to ensure a smooth and just treason trial.

The Supreme Court could do nothing in this situation, but despite this, in its judgment, it gave the federal government full authority to decide on keeping Musharraf in custody in view of high treason proceedings against him under Article 6 of the Constitution. 

The medical certificates presented by Musharraf were rejected by the apex court and an application filed by him seeking permission to travel abroad was also dismissed. However, the federal government considered the same rejected medical certificates and on their basis allowed Musharraf to leave the country. Afterwards, the government ministers started issuing continuous statements to media that the Supreme Court allowed Musharraf to leave the country and also started presenting these statements in different colours and angles. However, as a matter of fact, both the Sindh High Court (SHC) as well as the Supreme Court tried their best that rule of law may be respected and Musharraf is made to face the trial under Article 6. Both courts asked the federal government repeatedly on the same lines but the attorney general had clearest instructions so he could not follow observations of the honourable judges.

The government spokesman on Monday once again pointed finger towards the Supreme Court and said that Musharraf was sent abroad on orders of the apex court. H said no guarantee of his return is given to the government and that it was basic plea of the attorney general that if Musharraf was allowed to go abroad he will never return. Nisar added that if courts will order, the government will move to bring Musharraf back through Interpol. However, as a matter of fact, the federal government attorney clearly told the apex court that “the federal government never put Pervez Musharraf on the ECL” and that “Musharraf’s name was put on the ECL on the orders of the apex court”. There was no such permanent order and the government was showing its intensions to send Musharraf abroad.