Former President Pervez Musharraf
Islamabad, Lahore … News Time
In a serious treason case, the Islamabad High Court summoned the Secretary Ministry of Law and Justice at the request of former President General (retd) Pervez Musharraf and the Interior Ministry to stop the special court’s decision. The petition filed by both sides in the Islamabad High Court was heard by a large bench comprising Chief Justice Athar Manullah, Justice Amir Farooq and Justice Mohsin Akhtar Kayani. It is to be noted that the petition filed by the Islamabad High Court had taken a stand that the Special Court be barred from proceeding until the Government has the opportunity and appointed a new prosecution team. Chief Justice Pervez Musharraf’s lawyer Salman Safdar also spoke at the hearing, in which Chief Justice Athar Manullah directed Musharraf’s lawyer to sit down. That we will first hear the request of the Interior Ministry and ask what the Supreme Court directive says? Justice Aamir Farooq asked the government lawyer whether you are aware of the Supreme Court order. To which he expressed ignorance and said, “No, I do not know the directions of the Supreme Court.” Justice Athar Manullah remarked that the court had said that if Pervez Musharraf did not appear, the right defense will be terminated. The court inquired whether the Interior Ministry officials were here. And then the interior ministry officer was called to the roster.
The Chief Justice of the High Court remarked that General Pervez Musharraf is ad-hoc and asked the special court to inquire who the tribunal is then. The lawyer informed the court that Justice Waqar Ahmed Seth, Justice Nazar Ahmed and Justice Shahid were in the Karim Tribunal. During the hearing, Justice Aamir Farooq inquired whether the federal cabinet had approved the case. To which the public prosecutor said that I would confirm all the records and inform the court. Justice Athar Manullah said that if you do not know about the case, how you will hold a hearing; the former president is a judicial offender. He directed that the ministry request all records from the law, after which a three-member bench of the court summoned the secretary ministry law and justice along with the record and adjourned the hearing till tomorrow.
It is to be noted that former President Pervez Musharraf had also filed a petition in the Lahore High Court to stop the verdict in the special treason case of the special court which was approved for hearing. A single bench comprising Justice Mazhar Ali Akbar Naqvi of the court heard the petition filed by Pervez Musharraf. Addressing Musharraf’s lawyer at the hearing, he said that he had asked for arguments on two legal points yesterday. How are these requests worth hearing while the media is running that the Interior Ministry has also approached the Islamabad High Court? On which the lawyer informed the court that the federal government had approached the Islamabad High Court to stay the verdict.
It should be noted that the court ordered Musharraf’s lawyer to present arguments on these two points how can the Lahore High Court hear this case when the case is being heard against Pervez Musharraf in the Supreme Court? Secondly, if Pervez Musharraf is a resident of Islamabad, how is his petition heard in the Lahore High Court? Regarding the petitionable hearing at today’s hearing, Pervez Musharraf’s lawyer also referred to the Model Ian Ali case, the court said that the court agrees with the Mustafa Ampix case, but be satisfied that the request is heard. The lawyer argued in the court that the special court had no legal status because the cabinet had not been approved before its formation. He further said that the decision of serious treason has been reserved by the special court. When questions have been raised about the formation of this court, what will be the legality of that decision?
To which Justice Mazhar Ali Akbar inquired whether Pervez Musharraf had gone out of the country after the court’s permission? On which the petitioner’s lawyer informed the court that Pervez Musharraf had left the country for treatment only after the permission of the court. Later, the Lahore High Court dismissed the objections raised by Musharraf’s petition and approved it for hearing. The Attorney General also sought notice from Pakistan and issued notices to the federal government. In addition, the court also asked for a draft of a special court formation and adjourned the hearing till November 28.
What happened in the serious treason case so far?
It is to be noted that a serious treason case was filed against General (retd) Pervez Musharraf by the federal government through the Interior Ministry, on December 13, 2013; the special court declared the hearing as a special hearing and summoned the former president on December 24 of the same year. In this case, the PML-N government appointed advocate Akram Sheikh in November 2013 as the head of the prosecution. Initially, the legal team of General (R) Pervez Musharraf challenged the appointment of Advocate Akram Sheikh as chief prosecutor. But the challenge was rejected by the Islamabad High Court along with the special court allotted for the treason case.
Former president Pervez Musharraf did not appear in many of the treason trial cases in the special court, after which the court issued his bail warrants on March 14, 2014. In March 2014, the special court had indicted the former president in a serious treason case, while evidence was provided by the prosecution in September this year. On March 8, 2016, the court summoned General (retd) Pervez Musharraf to record a statement under section 342 of the Criminal Procedure Code (CRPC) in a serious treason case.
Later, on May 11, 2016, the court also issued a permanent warrant arrest against General (retd) Pervez Musharraf, and on July 19, he also ordered the confiscation of his property. However, after the Islamabad High Court order, the special court could not hear any more against Pervez Musharraf. However, he had left the country after Islamabad High Court ordered him to be removed from the Exit Control List (ECL).
It should be remembered that in early 2018, the special court resumed the treason case hearings and ordered that General (R) Pervez Musharraf’s computerized ID card and passport be blocked, after that, the former PML-N government blocked the ID card and passport in May following the court orders. Later on June 11, 2018, the Supreme Court ordered General (retd) Pervez Musharraf’s National Identification Card (NIC) and passport restored. The case came up for hearing in a special court this year, where a daily hearing was decided from October 24 on October 8. However, the turning point in the case came when the present government on October 25 dismissed the entire team of government prosecutors in the case of former President General (retd) Pervez Musharraf in a serious treason case, because the team was formed in the former regime of the PML-N.
