The treason trial against former military ruler Pervez Musharraf has almost come to a standstill as the government so far did not start any probe against the abettors in the case and the prosecution refused to pursue the case beyond Musharraf.
Despite lapse of one-month, the federal government also did not challenge the special court’s November 21 judgment considering the law ministry’s opinion regarding the limited scope to get relief against an interim judgment.
The government also availed two weeks’ extra time from the special court to devise its future plan. The special court has no review powers after passing an order. While analysing these legal complications, the law ministry has proposed to the Prime Minister Nawaz Sharif to disband the special court instead, which has transgressed its limit.
An official in the interior ministry told The Express Tribune that the court led by Justice Faisal Arab has no mandate to include names of others in the trial.
“It is specifically mentioned in the notification under which the federal government has constituted special court – to try Gen (retd) Pervez Musharraf exclusively,” he added.
The government is keenly observing the proceedings of the Islamabad High Court (IHC) where all three persons have challenged this judgment. Former prime minister Shaukat Aziz, former law minister Zahid Hamid and former chief justice Abdul Hameed Dogar were named as abettors by the special court on November 21. “We have already carried out investigation against all these persons and we found no direct evidence against their involvement in the November 3, 2007 emergency rule,” the official said.
“The government would devise a strategy seeing the IHC’s decision in this case,” the official said, adding that the government is also pondering others options including establishing separate courts to try the abettors.
Filing of reference in the Supreme Court (SC) is also one of the options to seek advice of the apex court to handle this case after such “strange judgment” of the special court, he added.
Dr Tariq Hassan, a senior member of the prosecution team, told The Express Tribune that as an independent and impartial prosecution team it was not possible for them to allege anyone as abettor as our mandate is specific to the complaint.
“We cannot interrogate the role of any person as we are not investigator prosecutors,” he added.
“Our position is clear, we cannot accuse anybody, we cannot suggest the government anything, we have finished our work by prosecuting the main accused [Musharraf] in the case as per our mandate”, he maintained.
The separate special court, Tariq Hassan said, can also be established to try the abettors as this court has no mandate to name anyone as abettor without any evidence. To a question, he replied that it is the responsibility of Musharraf’s legal team to bring any concrete evidence that could establish the role of these three persons in the emergency rule.
The same application, which seeks trial of abettors, was filed in December 2013 by Musharraf’s legal team but the court linked this application’s fate with the future evidence. But without hearing the defence side to make its mind, the court has rendered a judgment after a year which dragged this trial, another member of the prosecution side commented.
Responding to a question, the member stated that it is wrong to say that the trial has come to a standstill, “but yes it has side-tracked after the special court’s strange judgment.”
The special court would take up this case in the first week of next month. As per details, the prosecution team also convened a meeting last week and suggested the government to file a reference under Article 186 in the apex court in advisory jurisdiction to tackle the lengthy process.
Published in The Express Tribune, December 23rd, 2014.
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