ISLAMABAD:
There is no authority except the Supreme Court of Pakistan that can
allow General Musharraf to leave the country as the accused VVIP’s name
was put on the ECL on the orders of the apex court.
Prime Minister Nawaz Sharif, who has turned down Musharraf’s plea to leave the country, was given the legal advice that the federal government could not remove the name of the accused from the ECL unless the apex court order, dated April 8 2013, was recalled, varied or modified by the Supreme Court.
A three-page legal opinion given to the government reminded the Prime Minister and his government of the apex court’s order, which specifically directed the federation and all its functionaries to ensure that Musharraf does not move out of the jurisdiction of Pakistan.
On April 8, 2013 during the pendency of Civil Petition No 2255/2010 titled Molvi Iqbal Haider vs Federation of Pakistan and connected matters, according to the legal opinion, the Supreme Court of Pakistan passed an order in the following terms: “The Counsel representing the petitioners particularly Mr A.K.Dogar and Mr. Hamid Khan have submitted that the respondent General (R) Pervez Musharraf be taken into custody for the purpose of trial under Article 6 of the Constitution read with the provisions of High Treason (Punishment) Act, 1973. We are, however, of the opinion that in the first instance, notice of these petitions be served on the said respondent for tomorrow. The Inspector General of Police, Islamabad and, if necessary, the Inspectors General of Police in the Provinces, shall ensure service on the aforesaid respondent. The Secretary Interior shall also make sure that if the name of the aforesaid respondent General (R) Pervez Musharraf is not already on the Exit Control List, this shall be done forthwith and a compliance report of this order shall be submitted in Court during the course of the day. The Federation and all its functionaries shall also ensure that the respondent does not move out of the jurisdiction of Pakistan until this order is varied/modified.”
The government was informed that General Musharraf filed miscellaneous applications for the recall of the condition of remaining in the country imposed on him. During the hearing of said applications on 16.12.2013 in the Sindh High Court, the Attorney General Munir A Malik appeared on behalf of the Secretary Interior and specifically took the plea that even the apex court had directed that in case the applicants name was not already placed on ECL then his name be placed on the ECL. The said order of the apex court was explicitly mentioned by the SHC as referred to by the Attorney General.
Referring to these court orders, the legal opinion said, “Now the legal question arises as to whether in the wake of order dated 08.04.2013 passed by the Hon’ble Supreme Court the name of General ® Pervez Musharraf can be removed from ECL by the Federal Government? The answer to the above issue is in the negative for the following reasons:
a) The Hon’ble Supreme Court specifically ordered the Federation and all its functionaries shall also ensure that the respondent does not move out of jurisdiction of Pakistan until this order is verified/modified.
b) Despite the disposal of C.P. No.2255/2010 and the connected matters vide order dated 03.07.2013, the learned Attorney General took a specific ground that the order dated 08.04.2013 holds the field and has binding effect.
c) Now after taking/arguing the abovementioned specific plea before Hon’ble Sindh High Court, the Federal Government cannot retract or deviate its earlier position and remove the name of General (R) Pervez Musharraf from ECL unless order dated 08.04.2013 is recalled, varied or modified by the Hon’ble Supreme Court.
d) The General (R) Pervez Musharraf, if so advised, may approach the Hon’ble Supreme Court of Pakistan for the relief sought for.”
Prime Minister Nawaz Sharif, who has turned down Musharraf’s plea to leave the country, was given the legal advice that the federal government could not remove the name of the accused from the ECL unless the apex court order, dated April 8 2013, was recalled, varied or modified by the Supreme Court.
A three-page legal opinion given to the government reminded the Prime Minister and his government of the apex court’s order, which specifically directed the federation and all its functionaries to ensure that Musharraf does not move out of the jurisdiction of Pakistan.
On April 8, 2013 during the pendency of Civil Petition No 2255/2010 titled Molvi Iqbal Haider vs Federation of Pakistan and connected matters, according to the legal opinion, the Supreme Court of Pakistan passed an order in the following terms: “The Counsel representing the petitioners particularly Mr A.K.Dogar and Mr. Hamid Khan have submitted that the respondent General (R) Pervez Musharraf be taken into custody for the purpose of trial under Article 6 of the Constitution read with the provisions of High Treason (Punishment) Act, 1973. We are, however, of the opinion that in the first instance, notice of these petitions be served on the said respondent for tomorrow. The Inspector General of Police, Islamabad and, if necessary, the Inspectors General of Police in the Provinces, shall ensure service on the aforesaid respondent. The Secretary Interior shall also make sure that if the name of the aforesaid respondent General (R) Pervez Musharraf is not already on the Exit Control List, this shall be done forthwith and a compliance report of this order shall be submitted in Court during the course of the day. The Federation and all its functionaries shall also ensure that the respondent does not move out of the jurisdiction of Pakistan until this order is varied/modified.”
The government was informed that General Musharraf filed miscellaneous applications for the recall of the condition of remaining in the country imposed on him. During the hearing of said applications on 16.12.2013 in the Sindh High Court, the Attorney General Munir A Malik appeared on behalf of the Secretary Interior and specifically took the plea that even the apex court had directed that in case the applicants name was not already placed on ECL then his name be placed on the ECL. The said order of the apex court was explicitly mentioned by the SHC as referred to by the Attorney General.
Referring to these court orders, the legal opinion said, “Now the legal question arises as to whether in the wake of order dated 08.04.2013 passed by the Hon’ble Supreme Court the name of General ® Pervez Musharraf can be removed from ECL by the Federal Government? The answer to the above issue is in the negative for the following reasons:
a) The Hon’ble Supreme Court specifically ordered the Federation and all its functionaries shall also ensure that the respondent does not move out of jurisdiction of Pakistan until this order is verified/modified.
b) Despite the disposal of C.P. No.2255/2010 and the connected matters vide order dated 03.07.2013, the learned Attorney General took a specific ground that the order dated 08.04.2013 holds the field and has binding effect.
c) Now after taking/arguing the abovementioned specific plea before Hon’ble Sindh High Court, the Federal Government cannot retract or deviate its earlier position and remove the name of General (R) Pervez Musharraf from ECL unless order dated 08.04.2013 is recalled, varied or modified by the Hon’ble Supreme Court.
d) The General (R) Pervez Musharraf, if so advised, may approach the Hon’ble Supreme Court of Pakistan for the relief sought for.”
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