ISLAMABAD - Islamabad High Court (IHC) Friday disposed of a petition seeking the placement of former president Pervez Musharraf's name on Exit Control List (ECL) as being allegedly wanted for massive killings during a military offensive against the inmates of Lal Masjid in summer last year. "I cannot enter into the realm of facts as the matter has been subjudice before the apex court," CJ IHC Justice Sardar Muhammad Aslam observed in his short order while disposing the plea of Khalid Khawaja, a spy turned-human rights activist, against former president of Pakistan. The petitioner had also requested the apex court to place the names of former Interior Minister Aftab Ahmed Khan Sherpao, Chief Commissioner, Deputy Commissioner and Inspector General of Police (IGP) Islamabad on ECL as being accomplices in the 'sins' of president Musharraf, especially the killings at Lal Masjid. After hearing the arguments of the learned counsel for the petitioner, Chief Justice Sardar Mohammad Aslam ruled that the matter was already pending before the apex court which had taken suo motu notice of the matter and the IHC could not proceed with the issue unless the apex court gives its final judgment. Justice Sardar Muhamnmad Aslam also referred to several interim orders passed by various benches of the apex court, including those chaired by retired Justice Mohammad Nawaz Abbasi, deposed Justice Raja Fayyaz and Justice M Javed Buttar, in 2007 regarding the 'Operation Silence' against the inmates of Lal Masjid. He pointed out that the apex court had also directed the then Acting Inspector General of Police IGP, Islamabad to form a joint investigation team and record statements of the aggrieved persons, including Aeysha, Umm-e-Hassan and lodge a FIR if such a need arises. Justice Sardar Muhammad Aslam also pointed out that District and Session Judge, Islamabad in his order on a petition filed by the aggrieved persons also pointed out that lower could not grant any relief on the issue as the same was already pending before the apex court. It was further observed that name of any individual can only be placed on the ECL if there is a criminal case registered against him and in case of Musharraf situation is different as there is no criminal case against him and other respondents at present. Earlier, learned counsel for the petitioner, Advocate Khawja Azhar Rashid submitted before the court that his contentions were totally different from those raised before the apex court, thus, his petition be allowed and names of all the respondents, including former president Musharraf, be placed on ECL as they would be wanted for massive killings at Lal Masjid. The counsel apprehended that the accused persons might flee from the country, which would dent the spirit of justice. A large number of Lal Masjid students and women of Ghazi Abdul Rashid's family, the deputy chief of Lal Masjid assassinated in military operation, and petitioner Khalid Khawaja and others were also present before the court during the hearing.