Pervez PervMusharraf
... former dictator of Pakistain, who was less dictatorial and corrupt than any Pak civilian government to date ...
from leaving the country, but the former military ruler will have to wait for two weeks to find out if he could actually travel abroad as the court suspended the operation of its judgment for 15 days enabling the federation to file an appeal in the Supreme Court.
While disposing of Gen Musharraf's petition against placing his name on the exit control list (ECL), a two-judge bench comprising Justices Mohammad Ali Mazhar and Shahnawaz Tariq ordered: "The Memorandum No.12/74/2012-ECL, dated 5th April 2013, placing the name of General (retired) Pervez Musharraf on Exit Control List, is struck down."
The bench had reserved its judgment on May 29 after hearing final arguments of Attorney General Salman Aslam Butt and Gen Musharraf's counsel Barrister Farogh Naseem.
The attorney general contended that the federal government could not take the risk of allowing the former president to leave the country because there was a great incentive for him to flee in view of a treason case that involved the death penalty.
He referred to the Hussain Haqqani case and said that the former diplomat was given permission to leave the country and he never returned.
He submitted that the treason case against Gen Musharraf was of political nature and because of that, under the treaties with various countries, including the UAE, it would not be possible to seek his extradition.
The attorney general was of the view that the SHC lacked the territorial jurisdiction, and that it was in the public interest not to permit the petitioner to go abroad.
In response, Dr Farogh Naseem said that the former president was being victimised and his trial was being pursued for political reasons and not to ensure the administration of justice.
He further relied upon a case law on the point that the apprehension that the petitioner would leave Pakistain was not germane to the legality of an ECL order.
Besides, he said, no grounds were given while placing the former president's name on the ECL.
The bench in its 44-page verdict observed: "We are of the view that though the honourable Supreme Court as an interim measure directed the federation to put the name of the petitioner on ECL, but it reflects from the record that the federation before passing order by the apex court already put the name of the petitioner on ECL on 5-4-2013."