SC takes back Mush’s wings

• SC accepts government’s plea, suspends SHC’s decision, Musharraf’s name to remain on ECL

ISLAMABAD

INP

Supreme Court (SC) on Monday overruled the Sindh High Court (SHC)’s order to remove former president Pervez Musharraf’s name from the Exit Control List (ECL), barring him from leaving the country.

A five-judge larger SC bench headed by Justice Nasirul Mulk accepted the government’s plea challenging the SHC’s ruling which ordered the removal of Musharraf’s name from the ECL.

During the hearing, Attorney General of Pakistan (AGP) Salman Butt said that Musharraf’s name was placed on ECL on April 5, 2013 while on May 20, 2014 the SHC had ordered his name’s removal from the list. He said that if SC did not suspend the SHC’s order then it would create problem for the government.

When Justice Saqib inquired as to why the government was hesitating from putting Musharraf’s name on the ECL, the AGP said that by doing so, the government would have to face contempt of court charges and it would be better if SC could suspend the SHC orders.

Moreover, the federal government maintained that Musharraf was the only accused in the treason case and there were other pending cases against him in courts, thus his name should not be removed from the ECL. The appeal stated that Musharraf should not be allowed to leave the country until cases against him were decided.

The court accepted government’s plea, however it reminded the AGP that the court on April 8, 2013 had directed the government to make sure that Musharraf remained in the country until initiation of a criminal case against him for subverting the Constitution and the order was still valid.

Earlier, the former president had moved the SHC to remove his name so he may travel freely. The high court ruled that Musharraf’s name be removed albeit the court suspended the operation of its order for 15 days during which time the government could appeal before the apex court.