Published On: Tue, Dec 24th, 2013
Published in Category: Islamabad

Treason case: IHC rejects Musharraf’s objections over special court

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ISLAMABAD: The Islamabad High Court (IHC) on Monday rejected all three pleas by former dictator Pervez Musharraf against the special court constituted to try him for treason. Musharraf had raised objections over the authority of the special court, appointment of judges and prosecutor.

Pervez Musharraf is due to appear before the special court on Tuesday to face treason charges under Article 6 for suspending, subverting and abrogating the Constitution, imposing an emergency in the country in November 2007 and detaining judges of the superior courts.

The special court comprises Sindh High Court’s Justice Faisal Arab, Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali of the Lahore High Court.

Musharraf’s counsel Barrister Anwar, while challenging the authority of the special court, stated that his client was the army chief when he introduced the 2007 emergency and a military court alone could examine his actions.

He also stated that the special court was to be set up by the government but instead former Chief Justice Iftikhar Mohammad CH was consulted which shows biased ness.

Barrister Anwar also termed the judges of the special court as biased and said that Justice Faisal Arab in 2007 refused to take oath under PCO and when Musharraf filed a plea in Karachi for participating in general elections it was the same judge who unilaterally refused and declared him disqualified. He said that this proves that Judge Arab has already made up his mind about Musharraf thus he cannot fulfil the requirements of justice.

Barrister Anwar said that father of second judge Justice Tahira Safdar died during the lawyers movement while her two brothers were also very active in the movement. Thus she cannot also do justice with his client.

Similarly, the counsel said, the third judge Justice Yawar Ali is a close associate of former SC judge Justice (retd) Khalil Ramday and Judge Ramday had always been against Pervez Musharraf thus Justice Yawar Ali can come under his influence as well and not do justice.

Regarding his objection over prosecutor Akram Sheikh Musharraf’s counsel said that it is obvious that Akram Sheikh is against Musharraf and he himself met PM Nawaz Sharif and requested that he made special prosecutor. He has also voiced his opposition to Musharraf in several interviews which does not suit the stature of special prosecutor.

Judge of IHC Justice Riaz Ahmad Khan after hearing the arguments of Barrister Anwar reserved his judgment and about one hour recess giving his one line judgment declared the requests inadmissible.
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