Published On: Wed, Jan 22nd, 2014
Published in Category: Islamabad

Evidence of Nov 3 emergency exists only against Musharraf: Akram Sheikh

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ISLAMABAD: The special court constituted to try former president General (retd) Pervez Musharraf for treason after completion of arguments by the prosecutor Akram Sheikh has adjourned the hearing till Thursday.

The 3 member special court headed by Justice Faisal Arab on Tuesday resumed the hearing of the case.

On the occasion special prosecutor presented his arguments on the objections raised by the defence counsel argued that the federal government in accordance with the law could constitute special court, interior secretary is representing the federation, as it is not the job of the prime minister or the federal cabinet.

He said that PM and the CJP were not plaintiff in the case. There is documented evidence of Nov 3 emergency against the accused only with his own signature.

During the proceedings, the court inquired of the prosecution as to whether the interior secretary had any special authority to file a complaint without consulting the government.

Responding to which, chief prosecutor Akram Shaikh said the government had established clear rules of business in accordance with the constitution, adding that the prime minister and the cabinet did not carry out the processes of investigation and prosecution.

He said that the governments during last twenty years kept silent over the issue of filing treason complaint. The existing government after the court decision nominated interior secretary as competent officer to file complaint.

Justice Faisal Arab intervening enquired has interior secretary the authority to get high treason case started on his own? Whether interior secretary has the authority to pick and choose the accused?

Akram Sheikh replied interior secretary has the authority to initiate treason case proceeding, he doesn’t choose the accused, as it hinges on investigation.

The federal government as per law could constitute the special court, interior secretary is representing the federation, as it is not the job of the prime minister or federal cabinet. Blaming the prime minister and ex-chief justice of Pakistan partisan was unfortunate.

Justice Faisal Arab remarked that defence lawyer says that action is being taken against only a single individual.

On which the prosecutor said there is only evidence against Musharraf due to which treason hearing has started. He said co offenders can also be included in the probe on the statement of the prime accused. The government itself cannot involve anyone just on the basis of here say. Time has come for Pervez Musharraf to come to court and record his statement.

Defense Lawyer Anwar Mansoor told the court that he is sick and is unable to give arguments and requested the court to adjourn the proceedings till tomorrow (Thursday).

The court adjourned the hearing till Thursday.
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