One glance at the exterior of Musharraf’s case to leave the country in order to meet his ailing mother as well as gain treatment for his own medical issues may leave one second-guessing the interior officials’ resolve to keep him in Pakistan. “Are we being cruel?” The doubt is removed when you go over the eight reasons provided by the interior ministry in establishing the decision that the former dictator will remain in Pakistan regardless of his application. The primary reason needs no clarification: If the government allowed Musharraf to leave through a supposedly ‘executive order’, doubts would spread like fire about the intention behind such determination.
The rationale cementing this is based in eight different objections from the apex court as well as the Constitution of Pakistan. The first and foremost basis is derived from the legal specific entailing that the Federation and all its functionaries shall ensure that the Respondent is not allowed to move out of the jurisdiction of Pakistan until the order is modified. That seals all exit doors for our formerly cheeky and now utterly distraught Chief of Army Staff. With multiple criminal charges pending against him, it is the responsibility of the federal government to act through its ministry of Interior to produce him before concerned courts to satisfy the mandate of Article 9, 10 and 10A. In the unfortunate but typical circumstance that he does not make an appearance before the relevant courts, a grave prejudice taints the rights of private complainants in the national judicial system.
The indispensable reason remains his presence in the country to face treason trial. For those habitual and complicit with political and military expediency, Article 6 may not carry much meaning but those maintaining conscience and allegiance to the Constitution of Pakistan are fully aware of the gravity of high treason constituted under Act XVII of 1976. To keep Article 9 and Article 10 as well 10A, Musharraf will have to remain present in the country he so proudly claimed to bring to ‘enlightened moderation’. Waving bon voyage at Musharraf is also a violation of Article 25, which just so happens to be one of the eight reasons. To allay his worries, the government has also offered an air ambulance for his mother and the best medical facilities in the country for their ailments. So, the question comes down to this: What’s his next excuse to flee?