Musharraf be restrained from going abroad: govt

 

ISLAMABAD: The federal government on Saturday filed a petition in the Supreme Court on Saturday urging that former president General (retd) Pervez Musharraf should be restrained from going abroad.
The federal government, challenged the order of the Sindh High Court (SHC) striking down the name of former President General (retd) Pervez Musharraf from the Exit Control List (ECL).

In this regard, the apex court constituted a two-member bench to take up the petition.

The government filed leave to appeal under Article 185(3) of the Constitution against the judgment of the learned SHC of June 12, 2014, ordering the removal of the name of Pervez Musharraf from the ECL.

The federation prayed to the apex court to set aside the SHC judgment in the interest of justice.

It further prayed that during the pendency of the instant petition, the impugned judgment might be suspended and the name of the respondent (Pervez Musharraf) might continue to remain on the ECL and he might be restrained from going abroad without the permission of this court.

A two-member SHC bench on June 12, 2014 struck down the name of Pervez Musharraf from the ECL observing that mere pendency of civil and criminal cases against a citizen was no ground to deny him the fundamental right of travelling within or outside the country.

The court, however, had suspended the operation of the judgment for 15 days observing that since the court order was self-executory, therefore the respondents, if they so desired, might file an appeal with the Supreme Court.

In its appeal, the federal government, however, contended that the impugned judgment was void, without jurisdiction, against the facts and law and the Constitution and the same was liable to be set aside in the interest of justice.

It further submitted that the SHC lacked the territorial jurisdiction for the reasons and facts narrated herein above. The impugned judgment was therefore, without jurisdiction and the same was liable to be set aside in the interest of justice.

The federation recalled that it was specifically argued that the name of the respondent was placed on the ECL pursuant to the order of the court dated 8-4-2013 whereunder, the respondent was restrained from going abroad.

“The said order of this court was an independent order which did not merge into the final order”, the government maintained, adding that it still held the field and the SHC was bound to follow that order.

It submitted that the SHC completely ignored this aspect of the matter and passed the impugned judgment by treating the said order as only an interim order without realising and keeping in view the most important factor that the said petitions wherein the aforesaid order had been passed were disposed of and not dismissed.

It contended that the doctrine of merger was not applicable to the instant case, adding that it was applicable to the orders and judgment of the Appellate Court.

“It is submitted that the impugned judgment is a nullity in law and the same is liable to be set aside in the interest of justice”, the government stated.

The federal government submitted that the respondent (Pervez Musharraf) was accused of the offence of high treason under Article 6 of the Constitution, adding that if the respondent was allowed to go abroad, his trial would eventually end, since the extradition treaty executed between Pakistan and UAE did not cover an act of ‘Political Crime’.

“This basis was not appreciated by the SHC”, the government contended, adding that the permission granted by the SHC under the impugned judgment would adversely affect the proceedings in the trial of the respondent.

The federal government further submitted that the learned division bench which passed the impugned judgment was bound by the order/judgment of a coordinate bench passed in Criminal Misc Application No262 of 2013 passed on 23.12.2013 which held that the name of the respondent was placed on the ECL on the order of the Supreme Court.

“The reasoning of the learned division bench regarding the said order of the coordinate bench’s finding is flawed in as much as there was a specific plea to that effect taken by the respondent and there was clear finding on it by the bench”, the federation contended, praying that the impugned judgment was therefore liable to be set aside on this score alone.

The federation submitted that the respondent had been avoiding his trial on one pretext or the other and since he was accused amongst other offences of the most serious offence of high treason, the petitioner had rightfully placed the name of the respondent on the ECL in the public interest.

“The respondent has all the reasons not to come back to Pakistan once he leaves Pakistan and his trial, which is at an advanced stage, would simply be brought to a standstill”, the government contended adding that in the public interest and pursuant to the orders of the superior courts, it disallowed the application of the respondent and had insisted for the respondent’s name to be kept on the ECL.

Musharraf can’t be allowed to go abroad, govt tells SHC

 

KARACHI: The federal government on Monday opposed the former president Pervez Musharraf’s petition in the Sindh High Court (SHC) for removal of his name from the Exit Control List (ECL).
Filing comments with the court on Musharraf’s petition against placement of his name on the ECL, a Ministry of Interior official, Amir Sohail, submitted that the petitioner was facing serious charges, including high treason and if a conviction was secured, he may get capital punishment.

He said the petitioner had been nominated in four different cases, which were sub judice. He said the nature of crimes leveled against the petitioner was very serious due to which he could not be allowed to leave the country.

He submitted that the name of the petitioner had been placed on the ECL on the direction of the Supreme Court in a high treason matter and the high court lacked the jurisdiction to entertain and adjudicate the petition. He said the petition was liable to be dismissed at all costs.

Sohail submitted that the petitioner was accused of committing serious crimes, including the charge of high treason. In case, he said, the petitioner’s likely conviction in one or more cases on these serious charges entails capital punishment, the existence of incentive to abscond must obviously be greater.

He submitted that the petition was not maintainable in its present form, as the petitioner himself was available in the country but he chose to file a petition through an attorney, who could not depose the facts of the case.

He submitted that the petitioner had made several misstatements in the petition, concealed important facts and approached the court with unclean hands and, therefore, he was not entitled to any discretionary relief.

It was submitted that the federal government had offered to fly the petitioner’s ailing mother from the UAE back to Pakistan; however, the petitioner was not sincere in his request, and there was a great likelihood that in the garb of his request, the petitioner intends to flee Pakistan and frustrate the judicial process and the purpose of the law.

The hearing of the case has already been fixed for May 7 before the SHC. Musharraf, through his attorney Brigadier (retd) Akhtar Zamin, submitted in the petition that the federal government banned his traveling abroad on April 5, 2013 without giving any justified reason for placement of his name on the ECL.

The counsel pointed out that although the Supreme Court passed an interim order on April 8, 2013 for placement of the petitioner’s name on the ECL, the court, while disposing of the petitions against his client with regard to the high treason trial, said no condition of keeping the petitioner’s name on the ECL had been specified.

PM to be blamed if Musharraf goes abroad: JI leader

 

PESHAWAR: Senior negotiator of the Tehrik-i-Taliban Pakistan (TTP) and leader of the Jamaat-i-Islami (JI) Prof Ibrahim on Sunday said that the prime minister would be held responsible if former president Pervez Musharraf left the country.
“He (Musharraf) never abided by the Constitution. He brought others’ war into Pakistan…. The law is (the same) for everyone, so it should be implemented indiscriminately,” Ibrahim told the concluding ceremony of the two-day training of JI workers at Al Markaz-e-Islami.

He said every Pakistani is equal before the law and Musharraf should not get special treatment as he was a known violator of the Constitution. About the treason case against Musharraf, the Taliban representative said that it was the responsibility of the federation to take the matter to its logical conclusion. No institution should back criminals, he added.

He reiterated that the federal government would be solely responsible if Musharraf was sent abroad.The JI leader said Musharraf brought the US war to Pakistan and if Gen Raheel Sharif wanted to restore the prestige of the army, he should not support a criminal and let the court decide his case.

He claimed Musharraf adopted a policy after 9/11 that created a civil war-like situation in the country.The JI leader said the talks between the committees and the Taliban leadership were to be held in a couple of days, during which the issue of the release of the sons of former prime minister Yusuf Raza Gilani and former Punjab governor Salmaan Taseer would be taken up. He added that they would ask the TTP to release the two if they were with them or to use their influence to secure their release if they were with other groups affiliated to them.

He urged the Taliban to extend the ceasefire and stop attacks on security forces to take the dialogue process forward.He called upon the government and security forces to take steps for the revival of the talks.

Ibrahim said that the government and the Taliban were yet to begin “real talks”, adding that “real talks” would begin after the TTP demands were received.He said that government, military and Taliban should move the dialogue process forward with sincerity.

He said in the talk process, there were problems from both sides. He said Taliban prisoners were yet to be released by the government.Ibrahim said both the government and the Taliban committees should have a meeting with the army chief, adding that the army should trust the government if they could not become part of the talks.

He said that the Taliban negotiators were trying to keep the dialogue process on track despite “some hurdles”.“The parliament in 2008 also endorsed talks but a US drone attack sabotaged the process,” he said.

He added: “Dialogue with the Taliban is the demand of all political forces. It was not a demand of the Jamaat-i-Islami (JI) only.”He said peace could be restored through dialogue as a military operation was no solution to the problem.

He said the Taliban would accept the Constitution in its original spirit. He alleged that the Constitution had not been followed by any leader of Pakistan since its independence.He said the dialogue process had not yet started officially as the council of the TTP and the federal government showed reluctance about meeting directly.

He made an appeal to the Taliban to stop attacking defence institutions. He said the army should also not resort to aerial strikes.He said intelligence agencies were supposed to keep a check on the activities of the enemies. He said people were not pointing the finger at the intelligence agencies without any reason. The JI leader said that it was said in the courts that missing people were in their custody.

“We have been faced with a civil war for the last over one decade. The JI has been saying since day one that the fighting between the army and the people is neither in favour of the army nor the nation,” the JI leader added.

Tahir Khan Azikhel adds from Batkhela: Meanwhile, Yousaf Shah, another TTP negotiation committee member, said a separate committee would be set up to probe the “conspiracies” to sabotage talks between the government and Taliban.

Speaking at a press conference here, he said a venue would be decided for holding the third round of talks shortly.He said the government handed over 13 prisoners to the committee as a goodwill gesture, adding that practical steps would be taken to implement decisions for reconciliation.

Yousaf Shah said the people of Pakistan and Khyber Pakhtunkhwa heaved a sigh of relief after the ceasefire between the armed forces and Taliban.He said, “We have been saying since the very first day that the use of force is not a solution to resolving the conflict.”

He alleged some elements had been active in creating hurdles to derail the dialogue between the government and TTP committees, but they would not succeed in it.He said the “agents of the US, India and Afghanistan” were out to sabotage the talks, adding the TTP and government were aware of these conspiracies.

He alleged leaders of some political parties who were insisting on winding up the negotiation process and launching operations were not sincere to the national cause.He maintained that countering terrorism was a national issue and politicians should help the committees succeed in achieving the objective.

Musharraf can’t go abroad: govt

 

ISLAMABAD: The federal government on Wednesday stated that former president General (retd) Pervez Musharraf could not go abroad as the Ministry of Interior had turned down his application to remove his name from the Exit Control List (ECL).
“The federal government is unable to accede to your request in public interest,” Aamir Sohail, a Section Officer of the ECL Wing, Ministry of Interior, informed Pervez Musharraf in a letter on Wednesday.

The Interior Ministry informed the former president that the request had been considered on the basis of the pronouncements record of the cited subject and pending criminal cases in various courts.

Pervez Musharraf, in his application, had submitted that he wanted to get treatment abroad and to meet his ailing mother who was admitted to a hospital in Sharjah a few days ago and had been in the intensive care unit (ICU) since then.

The letter addressed the former president saying that his name was put on the ECL on the orders of the Sindh High Court (SHC), which is competent to look into this matter judiciously and judicially.

According to sources, the decision not to remove Pervez Musharraf’s name from the ECL was taken by the prime minister during the informal consultative meeting of senior PML-N leaders on Tuesday.

On Wednesday, Minister for Information and Broadcasting Pervaiz Rashid held a meeting with PM Nawaz Sharif and informed him about the legal status of Pervez Musharraf’s plea for removing his name from the ECL with particular reference to the charge-sheet against him by the Special Court in the high treason case and other criminal cases pending against him in various courts.

The Interior Ministry informed the former president through the letter making a reference to the SHC’s order putting his name on the ECL and showed its inability to allow him to travel abroad.

“We are going to challenge the decision of the Ministry of Interior in the high court soon,” Faisal Hussain Chaudhry, one of the lawyers of former President Pervez Musharraf, told The News.

It may be pertinent to mention that former president General (retd) Pervez Musharraf was represented by a new lawyer, Dr Farogh Nassem, on March 31 on the eve of his indictment, replacing the earlier legal team.

Chaudhry Faisal, who was a was asked by Musharraf to continue as his counsel.“That’s why we are going to challenge the decision of Ministry of Interior in the high court as required under Article 199 of the Constitution”, Faisal said.

Since the indictment of former president in the high treason case, the government was deliberating upon the issue of Musharraf’s request for going abroad.On Tuesday prime minister while chairing an informal consultative meeting of the PML-N senior leaders said that his government would fulfil all the legal and constitutional requirements on the issue of Pervez Musharraf. Quoting sources, it was reported that most of the party members were against removing the name of Musharraf from the ECL.

Likewise Federal Minister for Railways Khawaja Saad Rafique told reporters outside the Parliament House on Wednesday if Musharraf was allowed to go abroad, what they would answer to the nation.

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.

Rumors have it Musharraf going abroad

ISLAMABAD: The federal capital is rife with speculation about a special plane landing at the Noor Khan Airbase to take former military ruler General (retd) Pervez Musharraf out of the country.

The speculations about the landing of business aircraft started swirling hours after the Special Court disposed of two petitions filed by the accused seeking permission for traveling abroad.

The court ruled that the former military strongman was put on the Exit Control List (ECL) by the government and it had no authority to remove the travel restriction.

The court further said that the government which banned the accused from traveling abroad was authorized to remove his name from the ECL.

Our correspondent says the plane seems to be an air ambulance and has been parked away from lights at the airbase.

Sources in Dubai told Geo News that security arrangements have been made at the residence of Pervez Musharraf.

Musharraf who ruled the county from 1999 to 2008 is being treated for his heart disease at a medical facility run by the Pakistan Army. The former SSG commando in his applications had prayed the court to allow him to travel abroad for his treatment as well as to visit his ailing mother.

Political analysts are of the view that the Special Court had thrown the ball in the government’s court.

Ishaq Dar stresses Pakistani Mission abroad to bring foreign investment

ISLAMABAD: Finance Minister, Senator Mohammad Ishaq Dar Monday emphasized upon the Pakistani Missions abroad to draw attention of the investors to Pakistan where huge potential is available for foreign investment.

This he said while speaking with Pakistan's Ambassador designate to Qatar, Shehzad Ahmad who called on him here.

The Finance Minister said that there is huge potential of foreign investment in Pakistan particularly in economy, energy and infrastructure sectors.

"We have introduced a very robust economic revival programme which includes public private partnership on the basis of Build-Operate-Transfer (BOT) model", he added.

The Minister said that the new initiatives will be instrumental for economic rebuilding. Important initiatives include deregulation, undertaking structural reforms to improve management of public finances and making Pakistan an attractive investment destination.

He said that Qatar has expertise in energy sector and the Ambassador should encourage the potential investors from Qatar on opportunities available in the Country.

The Ambassador designate briefed the Minister on his plans to represent Pakistan effectively in Qatar. The Ambassador assured the Finance Minister that he will work hard to enhance existing cooperation between the two countries.

He also thanked the Finance Minister for his Ministry's commitment and support to provide assistance in attracting foreign investment in the Country.