KARACHI: The Sindh High Court (SHC) on Wednesday while putting off till May 13 the petition of retired general Pervez Musharraf against the restriction on his travel abroad, asked attorney general of Pakistan and counsel for Musharraf to forward more arguments in case in the next hearing.
A division bench headed by Justice Muhammad Ali Mazhar was seized with the hearing of a petition filed by former military ruler, seeking to strike his name off ECL.
Dr Farogh Naseem, counsel for Musharraf, said that Musharraf wanted to visit his ailing mother in Dubai and also get medical treatment for spine problem as a private medical board had confirmed that Musharraf had a fracture in vertebra. But federal government had disallowed him from leaving the country by placing his name on the exit control list (ECL) on April 5 last year, he added.
He said trial courts had confirmed Musharraf’s bail in all cases including those pertaining to the killing of former prime minister Benazir Bhutto and Baloch nationalist leader Nawab Akbar Bugti. Former military ruler was not being allowed to travel abroad mere because of ongoing treason trial, he said, adding that the special court, conducting treason trial has placed no any restriction on his travel abroad.
Counsel for Musharraf filed comments in court contending that government’s reply was distortion of law and facts, which was aimed at misleading court. Dr Farogh requested the court to reject the request of federal government for dismissing the petition of retired general.
He said that it was government’s desire to afflict capital punishment on Musharraf and it was bent upon getting him convicted in high treason case by fabricating the defence evidence. There was no any evidence against Musharraf to implicate him in the cases maliciously constituted against him, he added.
He said that his client was not found guilty of high treason under article 6 or any other crime, hence his name on ECL was violation of fundamental rights.
Federal government submitted in comments that high court had territorial jurisdiction to hear the matter as the name of the former military ruler was placed on the exit control list on the orders of the Supreme Court.
It was stated that the former president should approach the apex court to get his name withdrawn from the ECL.
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