Centre questions SHC authority over Musharraf travel ban case
KARACHI: The federal government on Monday asked the Sindh High Court to throw out the application of retired general Pervez Musharraf against the restriction on his travel out of the country, contending that the high court had no 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 of Pakistan.
In its reply to Musharraf’s application, the interior ministry further stated that the former president might move the apex court for getting his name withdrawn from the ECL.
A two-judge bench headed by Justice Mohammad Ali Mazhar put off the hearing to May 7 when it will examine the reply of the counsel for Mr Musharraf on the comments of the interior ministry that opposed the removal of the former military ruler’s name from the ECL.
The application for the removal of restriction on Musharraf’s travel out of the country was filed by his attorney, retired brigadier Akhtar Zamin, who impleaded the interior secretary, director general, regional director and additional director (immigration) of of the Federal Investigation Agency as respondents.
Earlier, Advocate Farogh Naseem appearing for the former military dictator had told the judges that the general wanted to visit his ailing mother in Dubai, but the federal government had disallowed him from leaving the country by placing his name on the exit control list (ECL) on April 5 last year without any cogent reasons. 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. He said Gen Musharraf moved two applications to the interior ministry seeking permission to travel abroad. But, the counsel said, they were dismissed ‘illegally’ and ‘unconstitutionally’ on April 2.
He said that restrictions on Musharraf’s travel out of the country were against the right of the freedom of movement and other fundamental rights guaranteed under Articles 9, 14, and 15 of the constitution.
The court was requested to declare the placing of Musharraf’s name on the ECL illegal and to direct the federal government to remove his name from the ECL. The bench put off the hearing to May 7.