ISLAMABAD: A five-judge Supreme Court bench headed by Justice Nasir-ul-Mulk is schedule to resume hearing on Wednesday on a government appeal against allowing Gen Musharraf to go abroad and meet his ailing mother.

The court is likely to adjourn the hearing since a request has been moved before the court to postpone proceedings of the case.

The Supreme Court on June 23 had suspended the June 12 Sindh High Court order on Gen Musharraf’s plea seeking removal of his name from the ECL to go abroad to see his ailing mother, and decided to hear the federal government’s appeal against removal of the former president’s name from the Exit Control List (ECL).

The request for the adjournment of the case hearing has been made by a senior lawyer representing Gen Musharraf on the ground that he was preoccupied with a treason case before the Special Court and its proceedings would commence the same day just across the Supreme Court.

“It is prayed on behalf of the Respondent No. 1 (Gen Musharraf) that this court may kindly be pleased to adjourn the instant matter fixed before the larger bench on Oct 1 as on that date the counsel for the respondent i.e. Dr Farogh Naseem is busy before the Special Court in relation to the trial under Article 6 of the Constitution and has to conclude his arguments on the last pending application,” says the application which was moved on Tuesday.

The one-page application said that the matter before the trial court required a lot of detailed preparation which has been going on for some days. Moreover, the application said, to assist this court (the Supreme Court) in the instant matter, more time was required by the respondent No 1’s counsel for preparation and research.

“Indeed, there is no cavil with the proposition that this court, being the apex court, has to be given precedence. However, in view of the peculiar circumstances of the matter, the prayer for an adjournment is made in the interest of justice,” the application said.

In its April 8, 2013, order the Supreme Court had directed the government to put Gen Musharraf’s name in the ECL and ensure that he did not move out of Pakistan until the Supreme Court order was varied or modified.

Meanwhile, in a related development Advocate Inam-ul-Rahiem, a lawyer known for defending missing people’s cases, has moved an application before the Supreme Court requesting it to be implead as a party in the Gen Musharraf’s ECL case.

Published in Dawn, October 1st , 2014