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The Sindh High Court has finally announced its reserved verdict on former President General Pervez Musharraf's petition, ordering the removal of his name from the Exit Control List (ECL). Notably, the special court hearing the high treason case against the general in its ruling had already said that it would have no objection if the government lifted the travel ban allowing him to go abroad for medical treatment. The SHC has now removed the legal hurdle clearing the way out for General Musharraf. However, as things stand, the court has suspended the order for two weeks to give the federal government time to appeal the decision in the Supreme Court. Will it or won't it do that is the question that has no easy answers.
In the past, ruling party leaders have been saying the government will go into appeal before the apex court in the event the SHC removes the travel ban. In the wiser society though opinion is divided on the issue, with pragmatists arguing that at a time the country faces a myriad of major challenges, creating another divisive situation should be avoided. At the back of this thinking, of course, is the apprehension that the case could cause unnecessary friction between the government and the Army, which is quite displeased seeing its former chief dragged in courts. As controversial a person as he is, General Musharraf also has many supporters and sympathisers who want his freedom, and accuse the government of seeking revenge. Voicing these people's concern his counsel Barrister Farogh Naseem said, "if the federal government does not have a vengeful objective, they can withdraw the memorandum [which placed General Musharraf's name on the ECL] before this period." Those unwilling to forget and forgive his excesses want the government to go into appeal insisting, not without reason, that once he is allowed to leave the country, he will never return to face various cases pending in the courts.
All eyes would now be on Islamabad. With the ball back in its court, the government has a difficult balancing act to perform. It would not want to be seen having reneged on its earlier position to pursue the case further following the SHC decision, yet it has strong enough reasons to put the matter at rest. First of all, the intention behind Prime Minister Nawaz Sharif's initiation of the treason case against his nemesis in compliance with the SC orders may or may not have come out of a revenge motive, but an important consideration has been to set a precedent by way of a deterrent for any potential future military adventurer. The manner in which the general was forced to appear before the special court to face the indictment proceedings, despite resistance, could be seen as a success on that score. As General Musharraf had admitted in a TV interview while facing legal troubles, he had misjudged the situation when he decided to return to Pakistan, and that "I did not expect Article 6 would be thrown at me". Second, could be the fear that pursuing the case further might open the proverbial Pandora's Box involving many prominent personages from within the ruling party as abettors. Third and the most compelling reason is the unease the case is said to have caused in the government-military relations. According to well-informed sources, the powers-that-be want the case to come to a close following the removal of the legal hitch. The government may be willing to oblige as long as it can avoid the impression of having made an unsavoury compromise.

Copyright Business Recorder, 2014

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