Interior ministry’s reply: Govt ‘unable’ to take Musharraf’s name off ECL

ISLAMABAD: The government responded to former military ruler General (retd) Pervez Musharraf’s request to remove his travel restrictions with an ambiguously worded communiqué, shifting the burden of responsibility on the courts. The interior ministry informed Musharraf that the government was “unable to accede to his request” of removing his name from the Exit Control List (ECL) “on the basis of record pronouncements of the superior courts.” Officials privy to the development and the meeting say, however, that the vaguely worded statement has its reasons – mostly political. It has been suggested that Musharraf’s legal team will approach relevant courts in order to have the defendant’s name removed from the ECL.

“I am directed by the competent authority to communicate with you with reference to your request on the subject [...] dated 31st March 2014. The requests have been considered on the basis of record pronouncements of the superior courts on the cited subject and pending criminal cases in various courts. The federal government is unable to accede to your requests in public interest,” said the letter by Amir Sohail, the ECL section officer at the Ministry of Interior. Last year, the Sindh High Court (SHC) had put Musharraf’s name on the ECL, asking him not to leave the country without seeking prior permission from the courts concerned over his alleged involvement in several cases. The special court, however, had said that it did not have jurisdiction over the matter and it was for the government to decide. Commenting on the government’s response to Musharraf’s application, Anwer Mansoor, one of Musharraf’s lawyers, said that by writing, “[…] federal government is unable to accede to your requests in public interest,” shows that they have political motives. “We had approached the SHC (last year) for the removal of Musharraf’s name from the ECL and were told that the order, of placing the name on ECL, was till he surrenders (in other cases at the time).” He said that we would again seek a clarification from the court about its previous order.

Referring to several criminal cases against Musharraf in different courts, he explained that the travel restrictions come in case there was some order passed. Court proceedings should not be a hurdle in removing his name from the ECL, he added. Musharraf’s new lawyer Dr Farogh Naseem subsequently filed an application with the interior ministry. Naseem told The Express Tribune that he was waiting for the government’s response and that he had several options including knocking the doors of the Supreme Court. Another member of Musharraf’s legal team also said that they “will file the writ petition in the SHC.” Separately, advocate Salman Akram Raja said Musharraf could move either the Islamabad High Court (IHC) or the SHC to have the travel ban lifted. “The process might take at least two weeks as the government will be asked to submit its reply.” On the other hand, political analysts are of the view that although the government has left the matter for courts to decide, this is more of a political than a legal matter. Former information minister Qamar Zaman Kaira from the Pakistan Peoples Party said, “The government should have a clear position on removing or not removing Musharraf’s name from the ECL instead of citing pending cases as a reason.” He, however, appreciated the fact that for the first time someone is being held accountable for subverting the constitution. “This is a good beginning.” Kaira said whatever decision is taken on the ECL issue, Musharraf “should be tried.” In addition, he said that Musharraf should also be tried for toppling an elected government on October 12, 1999 along with his “aides and abettors.” Published in The Express Tribune, April 3rd, 2014.