SHC takes Musharraf’s name off ECL, allows 15 days for appeal

 

KARACHI: The Sindh High Court on Thursday struck down former president General (retd) Pervez Musharraf’s name from the Exit Control List (ECL), observing that mere pendency of civil or criminal cases against a citizen was no ground to deny him the fundamental right of travelling within or outside the country.
However, the court suspended the operation of judgment for 15 days observing that since the court order was self-executory, therefore the respondents, if they so desire, may file an appeal with the Supreme Court.

A division bench of the court headed by Justice Mohammad Ali Mazhar observed in his detailed judgment on the former president’s petition that it was the fundamental right of a citizen to travel abroad and the abridgement of that right be tested on the touchstone of guaranteed under Article 2-A, 4, 9, 15 and 25 of the Constitution.

The court observed that no reason was communicated to the petitioner as to why his name had been placed on the ECL whereas a plethora of judgments were available in which such type of actions were considered arbitrary, unjust and violative of fundamental rights.

The court observed that it was also a well-settled law that mere pendency of civil or criminal cases against a citizen was no ground to deny him the fundamental right of traveling within or outside Pakistan. And after granting bail by the competent court the custody is regulated by such court of law, it further observed.

“Merely on apprehension that the petitioner will not return to Pakistan is no ground for depriving him of exercising his fundamental right,” the court observed in judgment.“No plea was taken that the reasons were not assigned in the public interest rather we are of the view that in the cases of high treason the public interest at large is involved to know the reasons for prosecuting the accused of high treason,” the court observed.

Brushing aside the apprehension of Attorney General for Pakistan who argued that if Musharraf was allowed to leave the country he will not return like Husain Haqqani, the court observed that the courts of the country were not helpless even in past and there were various examples in which the apex court of the country passed orders to ensure the custody of accused persons so that they may be tried such as the cases of Sharukh Jatoi and Tauqir Sadiq etc.

The court observed that the attorney general although quoted the case of Husain Haqqani, he did not point out any efforts made by the federation to ensure his presence in the country.The court observed that the petitioner was also involved in four other criminal cases in which extradition would not be denied in any treaty with any foreign country.

“If in any case, the accused has absconded, the law is not helpless but a procedure to deal with such situation is already provided under the Criminal Procedure Code and other relevant laws,” the court observed.

Regarding the Supreme Court’s interim order for placement of Musharraf’s name on the ECL, the court observed that the order containing the direction for putting the name of General (R) Pervez Musharraf on the ECL was of an interim nature which was merged in the final order and it does not survive after the final adjudication.

The court observed that the Supreme Court did not extend or continue the placement of Musharraf’s name on the ECL may be for the reasons that the federal government had already placed his name on ECL prior to the court direction on April 5, 2013.

The court observed that it was a well-settled principle that once a final order was passed, all earlier interim orders merge into the final order and the interims orders cease to exist.Attorney General for Pakistan Salman Butt had earlier argued before the court that the government could not take the risk by allowing Musharraf, who is facing high treason charges, to travel abroad unless the Supreme Court’s order regarding embargo on its traveling outside the country was modified or vacated. The AGP submitted that high treason was a political crime and once Musharraf was allowed to travel abroad he could not be brought back due to relaxed extradition laws in the other countries on such crime. He said if Musharraf moved abroad high treason proceedings would come to a standstill for an indefinite period.

Musharraf’s counsel Farogh Naseem submitted that the Special Court had not placed any restriction on the petitioner’s traveling abroad and his client should be allowed to travel abroad on medical grounds as the federal law officer had not filed any rebuttal on the medical report of the petitioner in which it stated that the petitioner had fracture in the vertebra and recommended that either surgery be performed in Dubai, North America or in Europe.

He said the attorney general himself admitted that high treason was a political crime and thus mala fide on part of the government could not be ruled out. He submitted that equal treatment may be given to every citizen either he is a petitioner or any other person while deciding the cases pertaining to restriction on traveling abroad.

Musharraf through his attorney Brigadier (R) Akhtar Zamin submitted in the petition that the federal government imposed ban on his traveling abroad on April 5, 2013 without giving any justified reason for placement of his name on the ECL.

US allows Boeing to sell plane parts to Iran

WASHINGTON: The United States has issued a license allowing Boeing to do business with Iran for the first time since the US embargo of 1979, a company spokesman told AFP Friday.

The license covers a "limited period of time" and allows Boeing only "to provide them spare parts that are for safety purposes."

Boeing will still not be allowed to sell new planes to Iran, the spokesman said.

The license was granted by the US Treasury Department in the context of an interim deal between world powers and Iran over its nuclear program signed in November, the spokesman added.

At the end of February, another US company, General Electric, indicated it had requested permission to sell spare airliner parts to Iran, but so far it has not received a response.

The United States and European nations have imposed severe economic sanctions on Iran in recent years aiming to pressure Tehran to reduce permanently, or at least long term, the scope of its nuclear activities to make it extremely difficult for it ever to develop nuclear weapons.

Iran has always denied any such ambition.

The sanctions were partially lifted in January, after Iran agreed to freeze a part of its contested program.

The West and Tehran are currently negotiating a definitive agreement which would guarantee Iran's nuclear program would be peaceful, and would ultimately lead to all sanctions being lifted.

Washington severed diplomatic relations with Iran in the aftermath of the 1979 Islamic revolution.

 

US allows Boeing to sell plane parts to Iran

WASHINGTON: The United States has issued a license allowing Boeing to do business with Iran for the first time since the US embargo of 1979, a company spokesman told AFP Friday.

The license covers a "limited period of time" and allows Boeing only "to provide them spare parts that are for safety purposes."

Boeing will still not be allowed to sell new planes to Iran, the spokesman said.

The license was granted by the US Treasury Department in the context of an interim deal between world powers and Iran over its nuclear program signed in November, the spokesman added.

At the end of February, another US company, General Electric, indicated it had requested permission to sell spare airliner parts to Iran, but so far it has not received a response.

The United States and European nations have imposed severe economic sanctions on Iran in recent years aiming to pressure Tehran to reduce permanently, or at least long term, the scope of its nuclear activities to make it extremely difficult for it ever to develop nuclear weapons.

Iran has always denied any such ambition.

The sanctions were partially lifted in January, after Iran agreed to freeze a part of its contested program.

The West and Tehran are currently negotiating a definitive agreement which would guarantee Iran's nuclear program would be peaceful, and would ultimately lead to all sanctions being lifted.

Washington severed diplomatic relations with Iran in the aftermath of the 1979 Islamic revolution.

ECC allows RPPs to operate under new name

 

ISLAMABAD: The Nawaz Sharif government has approved the revival of the Rental Power Plants under the new name of Short-Term Independent Power Plants (STIPPs).
The Economic Coordination Committee, which met here on Thursday with Finance Minister Senator Ishaq Dar in the chair, has accorded approval to the new policy under the subject of “Utilisation of the existing available generation capacity - short-term IPPs”.The News on March 22 broke the news that the government had decided to revive the Rental Power Plants (RPPs) under a new name to beat the power crisis.

The ECC has now approved the summary of the Ministry of Water and Power for utilisation of the existing available generation capacity from short-term IPPs subject to the fact that it is not in violation of the Supreme Court’s judgment announced on March 30, 2012.

It is pertinent to mention that the power generation equipment imported under another scheme was declared illegal by the Supreme Court of Pakistan in its judgment. In order to avoid obsolescence of such plants and machinery and to avoid monetary claims under arbitration, these plants and machinery can be utilised to add 200MW of electricity.

Those RPPs which will get clearance from the NAB will become short-term IPPs and then they will get tariff and generation licence from Nepra to generate electricity.

The more interesting disclosure is that the Ministry of Water and Power had worked out 400MW electricity to be generated, but now it has been decided that the government will get only 200MW of electricity from the STIPPs.

One of the top officials of the Ministry of Water and Power said the government wanted to oblige those RPPs which are their favourite ones and for this the ministry wants to clear the three RPPs that include the Gulf Power Limited (70MW), Reshma Power Limited (90MW) and Techno Power Limited (100MW) for short-term minister of water and power has approved this proposal. He said if it happens then there would be no level playing field for other RPPs, which can also be converted into STIPPs.

However, under the ECC decision, the project company will obtain generation licence and tariff determination from Nepra, which will also determine the terms and conditions of tariff. The tariff will be determined on take-and-pay basis and electricity actually delivered to the national grid.

The short-term IPPs may have an option to sell electricity to the bulk consumers like housing societies, industrial parks, etc. without the government guarantees and obligation of the public entities to buy all of the generated electricity. As per the summary the term of the Power Purchase Agreement (PPA) will be of 3 year and the draft of PPA will be prepared by NTDCL for short-term IPPs for approval of the ECC. The project company will have to obtain ‘no objection’ certificate from NAB for utilisation of plant and machinery.

Unconditionally and irrecoverable waiver of claims of arbitration against the government and its entities shall be eligible under the short-term IPPs framework.

The ECC also approved export of 250,000 metric tons of sugar by sugar mills from the surplus sugar stock with conditions that export quota will be allocated on first-come-first-served basis; export may be made against irrecoverable letter of credit or a contract with 25% non-refundable advance payment and that shipment may be made within 45 days of the registration of contract with the SBP, and the non-refundable advance payment to be forfeited in favour of the government of Pakistan in case of non-performance.

The official said that the country has surplus sugar which the industry wants to export to ensure payments to the sugarcane growers.

In the meeting, the finance minister also directed ministry of industries and production to ensure outstanding payments to sugarcane growers by sugar mills in coordination with the provinces.

The ECC approved the summary of the Finance Division for import of 0.125 million tons of urea fertiliser for the incoming Kharif (April to September season) 2014 in order to meet the demand as recommended by the ministry of national food security.

This import will not impact the foreign exchange reserves, as it will be done through ITFC. The finance minister on the occasion said that the earlier decision of the ECC to maintain the retail price of Rs1786 per bag must be ensured in the local market.

He said the ministries of food security and industries & production should work in coordination with the provinces for the agreed price. The ECC also constituted a four-member committee comprising ministers for water and power, petroleum and natural resources, food security and industries and production to sort out the issue of supply of required gas to the local urea manufacturers.

The ECC approved the summary of the Aviation Division for release of an amount equivalent to US $29.9 million to PIAC for acquisition of aircraft on dry lease. PIA intends to lease eight A320S offered by Qatar Aviation Lease Company through international tender. These aircraft will be available from April 2014. The minister cautioned the management of PIA that it cannot go outside the tender and should ensure that all the requirements are met and relevant rules must be followed.

The ECC also considered the summary of the ministry of commerce regarding lifting of ban on the import of gold. The ECC directed the Commerce Ministry to resubmit the summary, incorporating the guidelines provided by ECC, in the third week of April for consideration.