The Supreme Court (SC) on Wednesday ordered the removal of former president Pervez Musharraf’s name from the Exit Control List (ECL), allowing him to travel abroad for medical treatment.
According to informed sources, the former military strongman is expected to leave for Dubai in a few days.
Earlier on Wednesday, a five-member bench headed by Chief Justice of Pakistan Anwar Zaheer Jamali, while hearing a pending federal government appeal against a 2014 Sindh High Court order removing Musharraf’s name from the ECL, upheld the ruling of the provincial high court.
The government’s appeal was rushed through by the government on June 14, 2014 on the apprehension that once Musharraf left the country, he may not return to stand trial under Article 6 of the Constitution.
On June 23, 2014, the apex court had suspended the SHC judgment until it decided the pending appeal, and also formulated a set of questions to determine whether Musharraf could be allowed to leave Pakistan.
The apex court had, in an earlier verdict on April 8, 2013, ordered the government to place Musharraf’s name on the ECL and ensure that he did not leave Pakistan until the court order was varied or modified.
The five-member bench on Wednesday gave the order after hearing the arguments of Attorney General Salman Aslam Butt, the petitioner representing the federal government, and Barrister Farogh Nasim, Musharraf’s counsel.
“For reasons recorded separately, the [federal government’s] appeal has been dismissed,” the order said.
However, the order will not preclude the federal government and special court’s proceedings against him under Article 6 from passing any appropriate legal order for regulating his custody or movement, it said.
Musharraf, who is facing a treason trial for clamping emergency in the country on Nov 3, 2007, has been ordered by a three-judge special court seized to record his statement on March 31.
The bench also disposed off Musharraf’s application seeking one-time permission to proceed abroad for the treatment of a spinal ailment that has afflicted him for some time now on the grounds that the petition was now infructuous.
‘Medical condition has worsened’:
Musharraf, in a fresh application, stated that his medical condition has greatly worsened.
The application recalls a May 4, 2014 medical report, prepared by a private medical board consisting of top neurologists and orthopedic surgeons from Karachi, which stated that Musharraf had fractured his vertebra.
The report had also indicated that the treatment for this kind of a fracture was not available in Pakistan, and surgery had to be performed in Dubai, North America or Europe.
Over the past two years, Musharraf’s condition had been deteriorating, but things took a serious turn on Feb 11, 2016 when he had to be rushed to PNS Shifa Hospital in Karachi.
Subsequently, on Feb 18, Musharraf complained of severe pain in the lower back and numbness in the left leg. Dr Imtiaz Hashmi, a leading consultant and orthopedic spinal surgeon who had been treating Musharraf since 2011, was rushed to the applicant’s house and advised him complete bed rest.
Musharraf was brought to PNS Shifa again on Feb 24, where he fell while on his way to the bathroom. In view of different tests conducted on Feb 24 and 25, the application maintained, doctors had advised Musharraf emergency surgery performed to correct the fracture in the vertebra and avoid any serious complications.
NO STRINGS ATTACHED TO SC ORDER:
Talking to Pakistan Today Editor Arif Nizami in his talkshow DNA on Channel 24, Barrister Farogh Nasim said that it should be kept in mind that the SC has not given any conditional permission to Gen Musharraf for travelling abroad.
“Some TV channels and commentators are saying that Musharraf has been allowed to proceed abroad for treatment purposes whereas the fact is that the apex court has upheld the SHC’s decision on a petition in which his client had challenged his name on ECL on the grounds that so far the government had not produced any evidence against him which warranted a bar on his foreign travel,” said Nasim.
Musharraf’s counsel said that he did not know about his client’s travel plans but there was no doubt that he would return to Pakistan to face the high treason charges instituted against him.
Nasim also rejected criticism from some quarters that the Attorney General for Pakistan Salman Butt had not contested the defence’s appeal.
“The AGP is a very capable lawyer and he presented his case very professionally so there is no truth in claims that the government has shown flexibility in its stance by allowing Musharraf to leave Pakistan,” he said.
Soon after the SC’s verdict, Musharraf returned home from Ziauddin Hospital in Karachi where he was under medical care.
When contacted, All Pakistan Muslim League (APML) Secretary Information Aasia Ishaque said that Gen Musharraf would be travelling to Dubai in the next few days provided the federal government does not resort to any delay tactics in removing his name from the ECL.
Asked whether Musharraf planned to visit Britain or US for treatment, Aasia Ishaque said Musharraf probably would leave for US.
APML Secretary General Dr Mohammad Amjad told Pakistan Today that Musharraf would likely return to Pakistan after two months.
POLITICIANS REACT:
Commenting on the development, Opposition Leader in the National Assembly Khursheed Shah said that ‘some forces’ are more powerful than the Article 6 of the constitution.
Shah said that after the apex court’s verdict, Prime Minister Nawaz Sharif appeared to be willing to allow the former president to travel abroad.
He said that the government dropped Musharraf’s issue in judiciary’s lap to get away with it.
“What can other parties do when Nawaz Sharif, who himself has been the victim of Musharraf’s dictatorship, maintained silence,” the opposition leader said, adding that the government was already under pressure since the beginning of the cases against the former military ruler.
Pakistan People’s Party (PPP) Secretary General Senator Latif Khan Khosa said that the executive had failed to implement Article 6 of the Constitution as it had facilitated Gen Musharraf to leave the country.
Khosa did not agree to the notion that the court had allowed the retired army general to go abroad for treatment, saying that once the executive failed to bring the culprit to justice, it tried to pass the buck to the courts.
“The government is trying to hide behind the court. The Senate chairman has also expressed frustration over allowing a dictator to escape justice,” he added.
PML-N leader Senator Nehal Hashmi said that the apex court had upheld the verdict issued by the lower court. “Prime Minister Nawaz Sharif will soon chair a meeting to take a decision on removing Musharraf’s name from the ECL,” he said.
Pakistan Tehreek-e-Insaf (PTI) leader Imran Ismail said that the government should not remove Gen Musharraf”s name from the ECL and the law should take its own course. He said that the federal government however looks compromised in taking the cases against Musharraf to the logical conclusion.
He must be facilitated to leave the country as soon as possible so that, he does not become a bone in the Government's throat. Nawaz Sharif must reciprocate what Musharraf did in allowing him to go to the Saudi Arabia straight from Attock Jail. It is no use keep spending millions in fighting a case against him which has no direct benefit now for the citizen of Pakistan. The Government must divert all its energies and resources in people's welfare and good governance.
This is same Supreme Court which Musharaf tried to malign at the tiem when he was in power. Now he is asking for a relief from the same judiciary.
Pardon me, but he tried to save the Supreme Court from the ignominy it suffered at the hands of Iftikhat CHAUDHRY. Pertinent to point out that Nawaz Sharif maligned the Court when his hired thugs physically attacked it.
Forget and forgive – Rishwat Khoor masdarchood – and be happy always – dooglay awaam, jhoothay Aur makkar siasat daan – bigoted maulvis –
Saray bahenchood Raheel inn ki bund band Kar doo!!’
Reading the above comments, I feel Pakistan Today has no conscience. My twice comments are deleted where I did not use words that one can read in the above comments of Sachsach Bhai.
Calling a CAOS and former President a 'traitor' is a big shame and insult to the coveted post of CAOS. PM Nawaz Sharif himself was nurtured by another of a Dictator, Gen Zia, who is hated by these poli-tics ( blood sucker politicians) PPP in particular. But even he was not called a 'traitor'.Contradicting the ruling of the Apex Court in another of an insult. Let him go for medical treatment abroad, the sky is not going to fall. Another of a blood-sucker of the country called Mr 10% is in self-exile and playing dirty politics against the country alongwith an ex-PPP Ambassador, an absconder – like the F-16 issue, which is more than an act of a traitor.
I am afraid, my comments will be deleted again.
I cannot thank you enough for the article post.Much thanks again. Fantastic.
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