Admissibility of Musharraf’s petition heard in SHC

KARACHI: The Sindh High Court (SHC) heard the arguments of the Attorney General of Pakistan (AGP) on Tuesday regarding maintainability of the petition, filed by Gen (retd) Pervez Musharraf against the restriction on his travelling out of the country with regard to jurisdiction of the SHC. A division bench headed by Justice Muhammad Ali Mazhar partly heard the arguments of AGP Salman Aslam Butt, who contested that the high court had not territorial jurisdiction to hear the matter as the former military ruler’s name was placed on the Exit Control List (ECL) on the orders of the Supreme Court. It was stated that the former president should approach the apex court to get his name withdrawn from the ECL. Earlier today, three Deputy Attorney Generals, including Zahid Khan, who was heading the Musharraf ECL case, tendered their resignations. Khan, who cited personal reasons for tendering his resignation, was due to appear in the Sindh High Court along with the AGP today for today’s hearing. Musharraf’s counsel Barrister Farogh Nasim while forwarding his arguments said that order regarding placing his client’s name on the ECL was against ‘principles of natural justice’ as no show-cause notice, as required by the law, was issued to his client. He said that earlier on April 8, 2013, the Supreme Court had issued directions to the federal government for placing the name of petitioner on ECL but later, final order of the apex court did not maintain the condition of ECL. Barrister Farogh was of the view that the trial court was competent to impose any restriction on movement of the petitioner if it considered necessary. Since the court had not barred the petitioner from traveling out of the country, any restriction by the government on his movement was “sheer violation of the fundamental rights,” he added. He argued that there had been cases against former prime minister Benazir Bhutto in accountability courts but she was allowed to travel abroad. Nasim said that Musharraf wanted to visit his ailing mother in Dubai and also get medical treatment for spine problem as a private medical board had confirmed that he had a fracture in vertebra. But the federal government had disallowed him from leaving the country by placing his name on the exit control list on April 5 last year, he added. He said the trial courts had confirmed Musharraf’s bail in all cases including those pertaining to the killing of Benazir Bhutto and Baloch nationalist leader Nawab Akbar Bugti. The former military ruler was not being allowed to travel abroad merely because of the ongoing treason trial, said the counsel. The court later adjourned the hearing till May 21 (tomorrow).