ISLAMABAD, Oct 11: Acting Chief Justice of Islamabad High Court (IHC) Justice Riaz Ahmed Khan on Friday dismissed a petition seeking inclusion of former president Pervez Musharraf’s name in the exit control list (ECL) saying the petition was not maintainable.

The petition was filed by Haroon Rashid, son of Ghazi Abdul Rashid, the slain cleric of Lal Masjid.

The former military ruler was booked in the murder case of Ghazi Rashid on September 2 after Mr Haroon approached the IHC for registering an FIR against him for launching the Lal Masjid operation in 2007 in which according to a judicial commission 103 people, including Ghazi Rahid, as well as 11 military men were killed.

Tariq Asad, the counsel for the petitioner, in addition to legal arguments also delivered a motivational speech before the judge and said if Musharraf’s name was not placed on the ECL it would be an ‘un-Islamic’ act.

“You should reserve a space in the heaven by placing Musharraf on the ECL,” the counsel suggested to the judge.

He said the governments of the United States, Saudi Arabia, Pakistan and the army were on the same page on the issue of Musharraf.

“They wanted a safe passage for Musharraf and Punjab Chief Minister Shahbaz Sharif has also met the Saudi ambassador in this regard,” the counsel claimed.

Advocate Asad expressed apprehension that if Musharraf’s name was not placed on the ECL, he would leave the country and would not come back to defend a number of cases pending in different courts.

It may be mentioned that the former president is facing trial in the Benazir Bhutto, Akbar Bugti murder and the judges detention cases in the anti-terrorism courts of Rawalpindi, Quetta and Islamabad.

“If Musharraf leaves the country, the trial in these cases will remain inconclusive,” the counsel argued. He told the court that former ambassador Hussein Haqqani had left the country during the proceedings of the memogate scandal and never came back.

“Even the Supreme Court has failed to bring him (Haqqani) back and if Musharraf is allowed to leave the country he cannot be brought back,” he said, adding in such a case the courts would be held responsible for the escape of Musharraf.

Justice Khan, however, observed that Haqqani’s name had been put in the ECL because he was facing proceedings before a commission. “There is no case pending against Musharraf in my court; therefore, I cannot place him on the ECL.”

The judge added: “Musharraf is also confined in the sub-jail and how the name of an under-custody person can be placed on the ECL.”

Remanded in Lal Masjid case

A judicial magistrate on Friday sent former president Pervez Musharraf to the sub-jail on 14-day judicial remand in the murder case of the Lal Masjid cleric.

Judicial magistrate Malik Aman initially asked the police to produce the accused before the court to obtain his remand.

However, the Aabpara police expressed apprehensions that the former army chief might come under attack in the district courts.

The judge later accepted the police application seeking exemption of Musharraf’s personal appearance before the court.