SC issues detailed verdict in Musharraf ECL case

The Supreme Court on Friday issued its detailed verdict in the case pertaining to removal of former president Pervez Musharraf’s name from the Exit Control List (ECL).

Authored by Chief Justice Anwar Zaheer Jamali, the 13-page detailed verdict stated, “We have heard the arguments of the attorney general for Pakistan on behalf of the appellant and Dr Farough Naseem, for respondent General (r) Pervez Musharraf. For the reasons to be recorded separately, this appeal is dismissed. However, this order will not preclude the federation of Pakistan or the special court, seized of the proceedings under Article 6 of the constitution against respondent Musharraf, from passing any legal order for regulating his custody or restricting his movement.”

The order termed that the removal of Musharraf’s name from the ECL case was legal in the Sindh High Court, and stated that the perusal of the impugned judgment reveals that the learned division bench of the high court of Sindh, Karachi, has correctly appreciated the relevant facts of the case, aptly taken into consideration the case-law cited at the bar, and recorded valid and cogent reasons for granting requisite relief to Musharraf, thereby striking down the memorandum No 12/74/2013-ECL dated April 5, 2013, issued by the Ministry of Interior.

“Not only this, but mindful of the sensitive nature and political hype of the issue, as an abundant precaution, it had also suspended the operation of impugned judgement for a period of 15 days to enable the appellant and pro forma respondents to avail any other appropriate remedy, including their right to challenge the impugned judgement before the apex court. Still the appellant took no independent stance/decision in the matter, except following the remedy of challenging the said judgment in this appeal, which, as discussed above, is devoid of merits.”