KARACHI: Sindh High Court (SHC) on Monday issued notice to Secretary Ministry of Interior, Director General Federal Investigation Agency (FIA) and other officials, asking them to submit their respective replies in a petition of former president Gen (retired) Pervez Musharraf seeking removal of his name form the exit control list (ECL).
Justice Muhammad Ali Mazhar, who headed a division bench of SHC, directed federal law officer to submit comments in petition and adjourned the hearing of case till April 23.
General(retd) Musharraf filed a petition in SHC through his attorney Brigadier (retired) Akhtar Zamin, stating that federal government malafidely and illegally placed his name on the ECL on 5 April 2013.
At the last hearing, his counsel A.Q. Halepota submitted that Musharraf had appeared before the SHC on March 29 for a 21-day transitory bail. The bail was granted with a condition that he would not leave the country without permission of the trial courts and his name was placed on the ECL.
The counsel informed the bench that trial courts had confirmed Gen Musharraf’s bail in all cases, including the killings of Baloch nationalist leader Nawab Akbar Bugti, former Prime Minister Benazir Bhutto and Lal Masjid cleric Ghazi Abdul Rasheed during an army operation in 2007.
He said Gen Musharraf wanted to be with his 95-year-old ailing mother in Dubai after his release on bail. He argued that placing the name on the ECL was a violation of fundamental rights and requested the court to review its earlier order.
On Friday, Deputy Attorney General Mohammad Zahid Khan had submitted a statement on behalf of the interior ministry and said the name of the former army chief had been put on ECL after fulfilling all legal requirements.
He said that in his application Gen Musharraf did not mention whether or not he approached the trial courts for permission to leave the country. He said the applicant had also not discussed the grounds for seeking modification of the court’s earlier order. He requested the court to dismiss the application as non-maintainable.
The division bench, headed by Justice Sajjad Ali Shah, directed the court office to place the matter before the SHC chief justice to constitute the same bench which had issued the earlier order.
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