"As an understanding, it was decided that Musharraf would not be arrested until Friday so that his counsel could file a bail application in the Supreme Court,” said a police official. DESIGN: FAIZAN DAWOOD
ISLAMABAD:
A man who once ruled Pakistan for close to a decade only narrowly avoided being arrested on Thursday.
Islamabad High Court judge Justice Shaukat Aziz Siddiqui on Thursday cancelled the bail application of General (retd) Pervez Musharraf in the judges’ detention case and ordered his arrest, prompting the former president to immediately walk out of the packed courtroom. No one tried to stop him.
Had the order been implemented, it would have been the first time in Pakistan’s history that a former chief of army staff and former president would have been arrested on court premises. But it just did not happen.
The former military strongman, guarded by his small army of bodyguards, exited the courtroom, was ushered into his bulletproof SUV and was driven to his posh Chak Shahzad farmhouse, while Islamabad police present at the IHC premises stood by and watched him leave.
Moments earlier, the charge of terrorism was levelled against him.
“Stopping judiciary and judges from functioning is a form of terrorism and it should be dealt with under the 7 Anti-Terrorism Act (7ATA),” stated Justice Siddiqui while rejecting Musharraf’s bail plea.
The former president, who was accused of subverting the country’s Constitution and detaining judges of the superior judiciary, including Chief Justice Iftikhar Chaudhry, was booked by the Secretariat police on August 11, 2009 on the complaint of Supreme Court lawyer Chaudhry Aslam Ghumman. The same IHC bench had granted him pre-arrest bail on April 2, which expired yesterday.
“The police were in a fix over his arrest. As an understanding, it was decided that Musharraf would not be arrested until Friday so that his counsel could file a bail application in the Supreme Court,” said a police official.
Senior Superintendent of Police (Operations) Yaseen Farooq, accompanied by the station house officer of Shehzad Town, met Musharraf at his Chak Shahzad residence on Thursday evening but did not arrest him. The police gave no official word on why he was not arrested. His residence remained heavily guarded by police and Rangers personnel.
The police also considered putting Musharraf under house arrest but this required presenting him before a judicial magistrate and asking for him to be sent on judicial remand. “The police were reluctant to handcuff the former president,” said the police official.
After the magistrate’s judicial remand orders, the chief commissioner can then order to place Musharraf under house arrest. However, till the filing of this report, Musharraf was neither arrested nor presented before the magistrate. “The police decided to keep that option for Friday if the Supreme Court denies Musharraf bail,” the officer added.
Irked by the police’s inaction, the IHC has also summoned the inspector-general of Punjab police on Friday to explain as to why the court’s orders were not obeyed and how the ex-president Musharraf was allowed out of the premises.
In his detailed order, Justice Siddiqui observed that Musharraf escaped from the court with the help of his armed bodyguards and Islamabad police officials at the scene did not arrest him.
The court directed the IGP to submit a report about all officials who allowed him to escape. “Apparently, this act of the accused [Musharraf] and his security guards is yet another offence therefore, the IGP is directed to explain about the steps taken to arrest the accused,” the court observed.
Justice Siddiqui said that the local police did not include the terrorism charges in the FIR which was registered under section 344 of the Pakistan Penal Code.
Subsequently, the IG Islamabad suspended the Station House Officer (SHO) Secretariat and the Investigation Officer in the judges’ detention case. The Deputy Inspector General Operations Sultan Azam Temuri has also been tasked to conduct an inquiry into Musharraf’s unobstructed departure from the court.
Musharraf counsel, Qammar Afzal maintained that his client was not directly involved in detaining the judges. He claimed that the FIR was based on mala fide intentions.
On the other hand, petitioner Ghumman maintained he had no personal grudge against Musharraf. “His act of detaining the judges was illegal and unconstitutional,” he said.
Meanwhile, investigation officer Qaiser Gilani informed the court that Musharraf did not cooperate in the investigation and he did not record his statement, despite telling the police over the phone that he would provide material.
Deputy Attorney General Tariq Mehmood Jahangiri also opposed Musharraf’s bail plea and told the IHC that, despite its order, Musharraf did not appear before the police investigators.
In his six-page judgement, Justice Siddiqui said that under the FIR contents, the former president is also a proclaimed offender and as such he could not claim the normal rights of an accused under the stature.
Now all eyes, including Musharraf’s, will be on the Supreme Court.
(Read: Hard times for Musharraf)
Published in The Express Tribune, April 19th, 2013.
COMMENTS (39)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
@mrs ahmed: But Musharraf's suspension of the Constitution and its subversion in 2007 cannot be justified whatsoever. Undoubtedly, that is an act of high treason and as such he deserves punishment, as per law. Kindly try to be objective. Thanks.
@pk: Please read the history book. Why Mr Nixon had to resign from his office? Answer. He had ordered the destruction of parts of the tape so he could hide his part in the watergate scandal. Now look whatMr Musharaff did to the constitution second time. A man is tried based on his actions and what city he belongs to or what language he speaks. If that would have been the case he would not have become General or chief of the Army. So your point of view is not right, to say the least. Yes, he did lot of good things but he made blunders also. Do you how many loans were forgiven and how much was the amount? If I remember it was at least 85 billion . This was all the money taken from banks. This was high way robbery. In stead of forcing these people's to pay back, their loans were forgiven. He should be ashamed of this action.
@Well Wisher: ok if u care to look at realitiesof dismissing , the saga started with unconstitutional act which certainly lie under article six by nawaz sharif that is dismissing the army chief and declaring an engineering core general to the post , of army chief, who had the wonderful qualification of being from the same clan , that butt kashmiri.PTV has shots of showing the general being decorated Fact number two why did the generals on the ground not accepted the new army chief , it was simple, whem President Musharraf had landed , he would have been retired general , rest would have remained a fairy tail sorry tale for itifaq foundry. Why was the plane asked to go to enemy land , Only sharif`s of unlucky Pakistan can think act in this manner . Go ask Gohar Ayub , nawaz sharif even had discussion with him to arrest Sajjad Shah , the chief justice.
No other public service is more honourable than that of the military, which demands the very best and the precious from the people, their lives and in exchange it offers nothing less or more than the greatest honour which one can hope for in life and in death alike. To be able to protect the integrity and the sovereignty of the Nation, its constitution and the laws, its resources and the wealth, its territory and the borders.
No one in the military or outside the military has the right to dishonour the military service. Fomer General Muharaf as a long history of dishonouring the military. It is time that he ends it, no more and no longer. P L E A S E.
Rex Minor
@mrs ahmed: I am no fan of Nawaz Sharif but Musharraf had been conspiring to overthrow Nawaz's regime and when Musharraf was replaced that was the reason for the coup. The redirection of the plane to where is also not clear but was used as a pretext, if a pretext was needed, to bring down a Constitutional Government. Musharraf has done great harm to the country, including by his act of imposing emergency and subverting the Constitution a second time, when he was absolute ruler (in 2007) and whatever his ethnic background is, it has nothing to do with prosecuting Musharraf.
any one tell me why ECP allows pplx involving in fake degree?? Rental power care, arslan iftikhar cases??? if mushraf was so bad why people of pakistan still say his ten years was the best? he did make some wrong moves but im proud of him...
ET: Please publish my response to Mrs. Ahmed.
@SH:
amazingly, a judge of pakistan (not really a high office in any case), did not know that section 344 is a bailable offense, and ordering PMs arrest was not only illegal but unwarranted! amazing amount of tamasha and topi drama for the sake of political vendetta.
The man who is going to be tried for treason and murder charges has so many supporters astounds me. This can only happen in Pakistan.
Do to other what you want done to you!
@Awaam: plus OTHERS. . . . .!!!
Note how the "media" (yes those "anchors" who are supposed to know better than us - yes, those Mushtaq Minhas type paragons of virtual and truth) has gone into overdrive to curtail the sense of sympathy which maybe evoked from the prosecution of Mush - as the public can see that all the Raja Rental types can make it through to elections - but the only honest leader to grace the stage in Pak is being denied that opportunity (no, his supporters are being denied that opportunity).
The media is working overtime now to suggest that the General is being given "special" treatment and how he is somehow different from you and I - that we would be dragged by our hair, but Mush is not.
That Mush is not is testament to his leadership - there ARE people who agree with him (though many in the media will think that is an impossibility).
Note the recent Geo poll where 43% said Mush should enter politics - while 40% said he should - that suggests the potential voting base that COULD turn to Mush as the judicial process moves forward. ac
The General is simply being made a scapegoat and the media is doing everything to play on the perception of people - that he is apparently highly unpopular and should be punished.
Punished for what?? We have had worse rulers since than - 2009-2013 - who have destroyed our country. They come up with excuses that they are still suffering from the effects of the General's rule; but wait! They had FIVE years to make up for it! Has anything become better in our country or worse??
And the worse thing is the complete blatant arrogance and cheek of the past government by lying to the nation on their faces with regards to how things have become better! The unbelievable corruption and plundering is far worse than house jailing a few judges or banning the media etc!
We need a man like Musharraf to take hold of the reins and make some strong difficult decisions - like he did by coming back. Democracy is for highly literate and advanced countries. Pakistan needs a strong leader who will take tough decisions and strong actions as that is literally what we need to pull us out from the downward spiral that we are tumbling towards.
In the end if we play onto the hands of what is being done right now - pulling the focus away from corrupt leaders and towards Musharraf's current situation - we are indeed just like blind sheep who deserve what we will get post 11th May 2013.
tolerance is the biggest casualty of pervaiz musharraf era. the guy took nawaz sharif hostage on his return, manhandled him and that NAB officer stand on within 1 meter shouting at megaphone. now general is on receiving end, reaping wht he sowed.
A brave man who is facing all the hardships deliberately. He had been enjoying his life but he always thought of the country above himself. A true patriotic and a national Hero. He deserver to be saluted.
He should be immediately arrested. Entire army is suffering due to him. He is a black sheep in army.
@SH: ok, so if nawaz sharif is convicted for plane hijack, why cant musharraf be tried in anti terrorism court?
All politician who were with him at that time should also arrested... they were equally responsible.
Islamabad police should be punished for failing to follow the court's orders. If his name was anything but Musharaf, he would have been dragged by his hairs. Police has done descrimination here.
Just goes to show how arrogant this guy is. Are we sure we want to vote for him?
Mr.Mushraff, it's payback time! Learn to RESPECT Democratic and judicial institutions And don't consider every body part of your army, remember, your NOT a general anymore!
I am not a fan of this person. The only reason I have a slight soft corner toward this guy is because he was born in Delhi.Do not put him in Pakistani jail, instead send him to Saudi Arabia. for the rest of his life.
@pk: good job... like always bring urdu drama in
This is a sad day for Pakistan. Look into reality, under Musharraf, people were happy. There was security, jobs, good economy & less beggars. Now all reversed in the span of few yrs only. See what happened after Musharraf. Pakistan is on the brink of economic social and security collapse & those who did this are still enjoying. Can't say much as normal AWAM are always ignored in Pakistan.
@ pk, A lame excuse that he is being targeted because he is a Karachi wala and Urdu speaking.
Interesting Caption !
Isn't it that laws of the land are equally applicable to the Rich n Poor, Powerful and Weak, Rulers and Public ?
I can only sympathise withe SHO - He would have been under extreme pressure from those 'Above the Law' not to touch the guarded Mush. IG who has suspended has actually used a junior office as escape goat.
The way he loves Pakistan, you guys should respect him.
Love you Musharraf. We are with you.
From Hero to Zero. That's what is Epitaph should read.
I recall that in 2010 or 2011 the SC had confiscated Mush's Chak Shezad property as he had repeatedly failed to show up for hearings in SC. How then can Mush be living in this house?? He must have broken the official seals placed on his premises. That's another criminal charge. Then he also involved in power theft reported by journalists and confirmed by WAPDA. At his house he was consuming power at subsidized agricultural rates when Chak Shezad was converted to a residential area by CDA upon PM Shortcut Aziz's order. The SC had also ruled sometimes back that Chak Shezad should revert back to its original designation of small farmers land supplying Islamabad with fresh produce. That did not happen either. I pray that Justice Siddiqui of IHC really applies the law to all who have broken it. That means Mush, the Islamabad Police, the bureaucracy of Islambad etc., and that Mush be brought to Adiala Jail in handcuffs like any other citizen of Pakistan who breaks the law. Enough is Enough.
How is Musharraf even remotely liable for terrorism under the ATA? Sounds like Justice Siddiqui's definition is rather broad, perhaps a little fictional bordering on delusional...
The rule of law always prevail in the civilized country, however in Pakistan the laws of the land only applies to the general public and not the so called elite. It is a sad and shameful day for Pakistani nation when the police officers who has taken oath to defend the law of the land and constitution just stood by and let him go. Musharraf should have the decency to obey the court and set an example for the future generations.I have no sympathy for him now and he should be uncreated no matter what and prevail the judgment of court. I don't think the Supreme of Pakistan should take this episode lightly and decide judicially what is good for the country's law and order.
Not only Mr Musharaff. His family members including his wife and son must be arrested . Their accounts should be frozen. And assets confiscated. Period.
open discrimination because he is an urdu speaking. People dont realize this type of blatant bias is dangerous. Only people who oppose him for one simple reason because he is a Karachi wala! I know its unbecoming of me to say this but this is reality im seeing all around! Im sad today for Pakistan!
If this man's name wasn't Musharaf then police would have dragged him from his hairs and taken him to jail. But since he is Pervez Musharraf he was escorted from court by rangers and police with protocol. Anyone who aided him the criminal, rangers or police, must be sent to jail.