ISLAMABAD: In a move which surprised many, the PML-N government finally decided on Thursday to allow former president retired Gen Pervez Musharraf to proceed abroad for ‘medical treatment’.

Announcing the decision taken after lengthy top-level political deliberations, Interior Minister Chaudhry Nisar Ali Khan insisted that it was in line with the court’s verdict. He said the government had moved the Supreme Court against the Sindh High Court’s decision of allowing Gen Musharraf to go abroad.

Legal experts believed that the apex court had not directed the government to lift travel ban on the former military ruler and made it clear that “…This order will not preclude the federation of Pakistan or the special court seized of the proceedings under Article 6 of the Constitution against respondent General ® Pervez Musharraf from passing any legal order for regulating his custody or restricting his movement.”

Addressing a press conference, Chaudhry Nisar said the placement of somebody’s name on the exit control list (ECL) and removal from it was linked to the decisions of superior courts which had been implemented in letter and spirit over the past two and half years.

“What was the case against Musharraf,” he asked and pointed out that the emergency case was all about the arrest of judges and limiting their powers.

When his attention was drawn to the issuance of non-bailable warrants of arrest against Gen Musharraf in Lal Masjid cleric Abdul Rasheed Ghazi murder case, the minister said all this was in the knowledge of the apex court. “I cannot sit on judgment,” he added.

Rejecting a perception that the GHQ intervention made it possible, he said there was no back-channel interaction or influence behind the decision. “I cannot restrain anybody who tries to find a shadow behind it.”

Chaudhry Nisar criticised the critics and said that certain people had nothing to do except for indulging in politics of tickers and focusing only on political statements, allegations and finger-pointing. “I am addressing the vast majority which bases opinions on facts.”

In a clear reference to PPP Chairman Bilawal Bhutto Zaradari’s statement criticising the government for what he called a deal with Musharraf, the minister said: “They sent off Musharraf with guard of honour. They gave Musharraf a safe passage and advised amnesty for him when he was also facing the charge of involvement in Benazir Bhutto’s assassination case. Had they not allowed Musharraf to move freely?”

He said it was the present government which had initiated the treason case against the former military ruler and his name remained on the ECL for about 21 months.

He said the Supreme Court’s decision should be acceptable to all, including the government. The government could have allowed Musharraf to proceed abroad on the basis of the Sindh High Court verdict, but it preferred to go in appeal. “We don’t have any personal grudge against Musharraf and decided to approach courts for what he had done to the nation.”

He said the names of people were now placed on the ECL on the directives of the superior judiciary or recommendations of the National Accountability Bureau (NAB), Federal Investigation Agency (FIA) and defence institutions.

The minister said the case before the Supreme Court had been brought by Gen Musharraf’s counsel on humanitarian grounds, adding that the government had examined all legal aspects before taking the decision.

He said the former president had a seat booked to fly abroad at 4.30am today (Thursday), but the FIA intervened and conveyed that it would not be possible before a clear permission from the government. A formal application for striking his name off the ECL was received today and was accepted in the light of Supreme Court’s judgment, he said.

Chaudhry Nisar said the court had been given an assurance that Gen Musharraf would come back in four to six weeks after medical treatment, and was ready to face cases against himself.

“There is no confusion about the case,” he said, adding that the cases against Musharraf would stay as they were.

The minister also referred to a decision of the special court which had given the government the right to decide on allowing Musharraf to proceed abroad. He said a plane remained on standby for seven days to take him aboard, but permission was not given. “Decisions are taken this way in all democratic countries where there is rule of law,” he said of the government’s decision.

In reply to a question, he said requests for removing the name of Gen Musharraf from the ECL had been filed by his wife and lawyer in the past as well. He did not give a clear answer to a question as to why the government had taken the sudden decision instead of moving a review petition.

Published in Dawn, March 18th, 2016