DAWN.COM

Today's Paper | November 28, 2024

Published 30 Mar, 2013 02:07am

High Court bars Musharraf from leaving country

KARACHI, March 29: Retired Gen Pervez Musharraf was barred on Friday from leaving the country without the trial court’s permission by the Sindh High Court where the former military ruler had the second close call with a shoe over the past two years.

However, the two division benches which had earlier given the 69-year-old former president pre-arrival protective bail for 10 and 15 days accepted his request for further extension of bail in three cases — two pertaining to the killing of Akbar Bugti and Benazir Bhutto and the third regarding the confinement of judges — as the SHC corridors echoed with pro- and anti-Musharraf slogans in a highly charged atmosphere.

However, no untoward incident however occurred as the number of both supporters and opponents of the former military ruler did not exceed a dozen with a sizeable contingent of Rangers and as many guards of Musharraf keeping them from each other.

An angry young lawyer hurled his shoe at the former army chief leaving him stunned as he headed to the courtroom of Chief Justice Mushir Alam who later extended his bail in the judges’ confinement case for further 15 days “to appear and surrender before the trial court”.

Later, the former president appeared before a division bench headed by Justice Sajjad Ali Shah and sought extension in the protective bail. He was calm and quiet and heard the proceedings carefully and intently with clenched lips.

The bench granted him transitory bail for another 21 days “with the condition that the applicant, Gen Pervez Musharraf, would not leave the country without permission from the trial courts”.

The bench further ordered: “Let copy of this order be communicated to the Secretary, Ministry of Interior, as well as Director General of Immigration and Passports for strict compliance.”

His counsel A.Q. Halepota contended that his client might be given five weeks’ time to appear and surrender before the trial court in Islamabad as the petitioner had to obtain copies and other relevant material to defend himself in cases against him.

Prosecutor General Shahadat Awan opposed the bail application contending that a man who was a fugitive from law andabsconder in a case was not entitled to concession of extension in the bail.

He said Gen Musharraf was an absconder and was required in the case of Ms Bhutto’s assassination.

Additional Advocate General Adnan A. Karim submitted that the court might pass appropriate orders since the petitioner was seeking protective bail to enable him to appear and surrender before the trial court.

Chief Justice Mushir Alam observed in his order: “Therefore in my humble opinion without adverting to merits, as rightly contended by the learned AAG Sindh, where the applicant has earnestly approached the court and prepared to surrender before the trial court for facing trial, this court in all fairness would give fair opportunity to the applicant, more particularly in view of Article 10-A of the Constitution, 1973, which has been recently introduced through 18th Constitutional Amendment, which guarantees to a person right for fair trial in any criminal charge against him.”

The two benches also observed that the respective trial courts might pass order on merit without being influenced by orders of the protective bail when the accused person surrendered and appeared in the court.

Read Comments

Govt mocks ‘fleeing’ Gandapur, Bushra, claims D-Chowk cleared; PTI derides ‘fake news’ Next Story