ISLAMABAD: The Supreme Court has issued notice for today to former president and chief of army staff (COAS) General (r) Pervez Musharraf for subverting and holding the constitution in abeyance.The court has also ordered the interior secretary to forthwith put the name of the former dictator on the Exit Control List (ECL), if it has not been done already, and submit its report during in the court office. A two-member bench comprising Justice Jawwad S Khawaja and Justice Khilji Arif Hussain, while hearing five identical petitions, also asked the federation and its functionaries make sure that Musharraf does not leave the jurisdiction of Pakistan until final decision in the case.
The Islamabad IGP was ordered to serve the notice on Musharraf if he is in the federal capital, otherwise the IGP of the province where he is should do so. The court observed that the SenateÂ’s January 23, 2012, resolution against Musharraf itself carried a lot of weight. The petitions were filed by Maulvi Iqbal Haider, AK Dogar, Lahore High Court Bar Association President Taufiq Asif, LHCBA ex-president Ahsanuddin Sheikh, former Pakistan Bar Council (PBC) vice chairman Abdul Hakeem Khan Kundi and Association Pakistan Lawyers (UK) Chairman Barrister Amjad Malik.
The bench has also issued notice to the federation to explain why it did not take action against the former dictator and gave him VIP treatment on his return to the country despite clear finding in the Sindh High Court Bar Association judgement and SenateÂ’s unanimous resolution. On Maulvi Iqbal HaiderÂ’s appeal against the Sindh High CourtÂ’s decision, the court issued notices to all respondents in this case, including former attorney general of Pakistan Malik Qayyum and MusharrafÂ’s legal adviser Sharifuddin Pirzada.
The counsel representing the petitioners, particularly AK Dogar and Hamid Khan, submitted that respondent Gen Musharraf be taken into custody to ensure that he remains in the country for the purpose of the trial under Article 6 of the constitution read with the provisions of High Treason (Punishment) Act, 1973. The court, however, observed that in the first instance, notice of these petitions be served on the said respondent for tomorrow (Tuesday).
The petitioners also contended that not only Pervez Musharaf but his collaborators should also be proceeded against under High Treason (Punishment) Act.