SHC orders arguments on maintainability of Musharraf’s petition

KARACHI:,,, The Sindh High Court (SHC) on Tuesday asked attorney general of Pakistan, and counsel for General (retired) Pervez Musharraf to argue on maintainability of petition on next hearing with regard to jurisdiction of this court to hear the case.

A division bench headed by Justice Muhammad Ali Mazhar was seized with the hearing of a petition filed by retired general Pervez Musharraf against the restriction on his travel abroad. The bench partly heard the arguments of Dr Farogh Naseem, counsel for Musharraf, in the case and adjourned the hearing of case till May 20.

Farogh argued that order regarding placing Musharraf’s name on the ECL was against the principles of natural justice as no show-cause notice, as required by the law, was issued to his client.

He said that earlier on April 8, 2013, the Supreme Court had issued directions to the federal government for placing the name of petitioner on ECL but later, final order of the apex court did not maintain the condition of ECL.

Farogh was of view that trial court was competent to impose any restriction on movement of petitioner if it considers necessary. Since the court had not barred petitioner from travelling out of country, any restriction by government on his movement was sheer violation of the fundamental rights, he added.

He argued that there had been cases against former Prime Minister Benazir Bhutto in accountability courts but she was allowed to travel abroad.

He 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 he 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.

Earlier, 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.

The post SHC orders arguments on maintainability of Musharraf’s petition appeared first on Pakistan Press International.

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