Tuesday, 1 April 2014

Will govt allow Musharraf to go abroad?

ISLAMABAD: Government ministers, in their deliberations on Musharraf’s request to remove his name from the Exit Control List (ECL), have referred to the case of an ex-diplomat who despite the commitment given to the apex court never returned to face trial.

Sources told The News that during intense discussions among the top government leadership on Tuesday, some ministers opposed those who were making a case for allowing Musharraf to leave the country after “he became ready to be indicted” by arguing that the PML-N will lose face forever and the remaining part of the trial will become a mere joke. Musharraf is facing charges of treason for abrogating and breaching the Constitution on November 3, 2007.

However, a senior PML-N minister told The News that the top ruling party leadership had not reached any decision on Tuesday and there would be another top-level meeting on Wednesday. The statement of this top minister of Nawaz cabinet only certifies that Musharraf will not leave the country, at least on Tuesday night or Wednesday morning.

The former diplomat was allowed to leave the country by the Supreme Court for a short period after strong assurances given by himself and his lawyer on January 30, 2012. To get his name removed from the Exit Control List, the former diplomat had submitted an application through his counsel before a nine-member larger bench, headed by the then Chief Justice Iftikhar Muhammad Chaudhry, and volunteered to return to Pakistan any time on four-day notice to join the proceedings, if and when required to do so. On the basis of these assurances, he had sought from the apex court the removal of his name from the Exit Control List, so that he could travel outside Pakistan and join his family abroad.

According to sources, even now some PML-N leaders, due to certain pressure, want to allow Musharraf to leave the country after giving ‘assurances’ that he will return when required. Others say that even those putting forward this suggestion know that he will never return.

The former diplomat had feared that his life might be in danger if he came back. On the other hand, Musharraf, to avoid court appearances while being in Pakistan, has repeatedly taken the plea that his life was in danger.

After leaving the country, the former diplomat refused to return despite all assurances. Later, on July 9, 2012, the Supreme Court summoned him to appear before the apex court on July 12, 2012 but he never turned up.

Similarly, on November 12, 2012, when the former diplomat did not appear on grounds of security concerns, the apex court summoned the federal secretary interior on November 13, 2012, who assured foolproof security but the former diplomat still never came to Pakistan.

Then on June 4, 2013, a larger bench of the Supreme Court directed the federal government to use all legal and constitutional measures to bring the former diplomat back to Pakistan. Interestingly, the counsel for the former diplomat told the Supreme Court that as one of the petitioners against her client, Muhammad Nawaz Sharif, was set to become the prime minister of Pakistan, so he could not come to Pakistan because of severe security threats.

The Supreme Court order to bring the former diplomat was directed to the Nawaz Sharif government but the record establishes that no effort was made through diplomatic channels to bring him back. It is obvious that if the Nawaz government was unable to bring the former diplomat back, who enjoyed very little backing of foreign rulers as compared to Musharraf, it would be unable to do anything in the case of Musharraf.

Though saner elements in the cabinet are advising the top leadership to save the public image and credibility of the party, sources say the leadership is inclined to allow Musharraf to flee. No one was ready to speak on the record from the federal government’s side.

While those who participated in Tuesday’s deliberations say that the top leadership is now ready to allow Musharraf to go, the party’s Central Secretary Information Senator Mushahidullah Khan says that the final decision will be taken in the “next meeting”. When asked by The News when this next meeting would be held, Mushahidullah said that it could be held anytime. When told that a senior minister had informed The News that the next meeting would be held on Wednesday, Mushahidullah said, “No. It could be held any time, even tonight (the night between Tuesday and Wednesday) or it can be delayed.”

Mushahidullah Khan was told by The News that the senior PML-N leadership was confirming that the decision to allow Musharraf to leave the country had been taken and would be announced and defended publicly at an appropriate time. Will such a decision hurt the credibility of a leading democratic party of the country? Mushahidullah said that as the decision would be taken in the next meeting, so he would comment after that and any comment on the credibility of the party before the next meeting would be unfair.

Mushahidullah’s tone was subdued and apparently he was preparing himself to defend his party in the public for helping a dictator flee the country at a time when the judiciary has indicted him in the high-treason trial.

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