FORMER president Pervez Musharraf`s exit from Pakistan after removal of his name from the exit control list (ECL) has created alot ofcontroversy.
It all started when a lawyer friend of the then chief justice, Iftikhar Chaudhry, who later joined his political party, filed a petition in the Supreme Court. The petition requested the court to order the government to initiate proceedings against the former president under Article 6 of the Constitution for high treason for the emergency imposed by him in 2007 that was later held illegal by the Supreme Court.
The case was heard by a bench headed by Justice Jawwad Khawaja. On notice from the Supreme Court, the government was confronted with the question whether it should take action under Article 6. The government decided to go for action, taking into account the legal and political repercussions of not doing so because the apex court had already taken matter in its own hands and shown its resolve to take action against the former president.
The ministers later several times said that this was done on the Supreme Court`s order. It was at that time that the Supreme Court also ordered Musharraf`s name be put on the ECL.
Later, on a petition by Musharraf, the Sindh High Court ordered his name to be removed from the ECL. The order was initially suspended by the Supreme Court on an appeal. Later, the appeal was dismissed. But the Supreme Court in its orderalso stated thatthe trialcourt and the government could regulate Musharraf`s movement, implying that they can put his name on the ECL.
It was for the first time that there was no existing order about putting Musharraf`s name on the ECL and Iftikhar Chaudhry too had retired during this period. It was, therefore, the right time for the government to take the decision on its own, interpreting the Supreme Court order in its own way.
