ISLAMABAD - Former president Gen (r) Pervez Musharraf on Monday was put on the Exit Control List and barred from leaving the country until the Supreme Court takes a final decision on five petitions seeking action against him for ‘subverting’ the constitution, which amounts to treason.
The former army chief, who forced out the civilian government and then ruled the country for nine years, was also directed to appear before the apex court either in person or through his counsel on Tuesday (today).
A two-judge bench issued the federation a notice to tell why, despite clear findings in Sindh High Court Bar Association judgment and a unanimous resolution of the Senate, it did not take action against the former dictator on his return to the country on March 25, after some four years of self-imposed exile, and why he was given a VIP protocol.
Islamabad Inspector General of Police (IGP) was ordered by the court to serve the notice on Musharraf if he is in federal capital; otherwise, the IGP in whose province he is presently living will do the job.
The bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain directed the Interior Secretary to forthwith put the name of former dictator on the ECL if it has not been done earlier.
The court said: “The federation and its functionaries make sure that Pervez Musharraf does not leave the jurisdiction of Pakistan until final decision.” Issuing notice to the respondents (Federation and Musharraf), the court adjourned the hearing until today (Tuesday).
The petitions were filed by Maulvi Iqbal Haider, A K Dogar, Lahore High Court Bar Association President Taufiq Asif, LHCBA ex-president Ahsanud Din Sheikh, Pakistan Bar Council (PBC) former vice-chairman Abdul Hakeem Khan Kundi and Association of Pakistan Lawyers (UK) Chairman Barrister Amjad Malik.
Iqbal Haider argued that the Sindh High Court did say that Proclamation of Constitutional Order (PCO) 2007 clearly showed that Pervez Musharraf was responsible for subverting and abrogating the constitution, but the court did not issue the direction to the federation to initiate proceedings under Article 6.
Advocate A K Dogar contended that in view of the clear finding of the Supreme Court July 2009 judgment in SHCBA case, a direction be issued to the federation for initiation of legal proceeding against Musharraf and others. He said his lawyer friends are of the opinion that Lt-Gen Mehmood Ahmed, Maj-Gen Aziz Ahmed, Maj-Gen Ghulam Ahmed, Maj-Gen Shahid Aziz and Lt-Gen Muzaffar Usmani abetted Musharrf for taking extra-constitutional steps on November 3, 2007.
The other petitions also sought similar action against the former president. Mr Dogar argued that in the light of SHCBA case, Pervez Musharaf is a ‘convict’; therefore, authorities concerned be directed to take him into custody immediately to ensure that he remain available for trial.
“If a man is found guilty of committing the crime of abrogating or subverting the constitution, he must be taken into custody,” A K Dogar contended, adding that otherwise it would become another Tauqeer Sadiq, (a former chairman of the Ogra who fled the country after lining his pocket with Rs84 billion).
The counsel said it was the obligation of the federation to take effective measure against Musharraf and others. He regretted that instead of taking action against the former dictator, he was being given VIP treatment.
On this, Justice Khawaja remarked that a notice would be issued to find out the motive of the federation. He further said that it was the responsibility of the court to ensure that the requirements of justice were fulfilled.
LHCBA former president Sheikh Ahsanud Din, giving history of word ‘held in abeyance’ said: “The word was introduced in the Article 6 of the Constitution in 1977 with the coup of General Ziaul Haq because Justice Yaqoob had said the general did not abrogate the constitution but held it in abeyance.” He argued that in the past, important leaders were made to face consequences. For example, he said, Zulfikar Ali Bhutto was hanged. But, so far, no action was taken against the dictators, who had violated the constitution repeatedly.
Hamid Khan, counsel for incumbent LHCBA President Taufiq Asif, submitted that according to the 1973 treason law, the federal government had to designate someone for the trial.
Justice Jawwad asked him what the federation has done so for in this matter. Muhammad Ikram Chaudhry, counsel for Abdul Hakeem Khan submitted that the interim prime minister, who is a retired judge of Supreme Court, should order the registration of case against Gen Musharraf. He contended that not only Musharaf but his collaborators should also be proceeded against under High Treason (Punishment) Act.
He contended that in his petition, he has also mentioned a resolution, passed by Pakistan Bar Council, seeking prosecution of Pervez Musharaf.