Treason trial: As hearing date approaches, govt yet to name head of special court

Legal experts believe latest ruling may be damaging for the former military ruler

ISLAMABAD: Nearly 48 hours before a special court is scheduled to resume hearing the treason case against former president Pervez Musharraf, the federal government has yet to notify its new head for conducting the trial.

After the elevation of Justice Faisal Arab to the apex court in November 2015, the special court has not convened because the composition of the court is incomplete. It is now scheduled to take up the case on Tuesday (March 8).

Chief Justice of Pakistan Anwar Zaheer Jamali had nominated Peshawar High Court Chief Justice Mazhar Mian Alam Khel as the new head of the special court. The federal law ministry has sent its summary to the prime minister’s office two months ago for the final nod but the PM has yet to approve nomination.

The Supreme Court in its February 26 judgment expressed desire that the trial of Pervez Musharraf should proceed without any unnecessary delay. Legal experts believe the latest ruling may be very damaging for the former military ruler as the court’s observations establish he was solely responsible for subverting the Constitution.

Musharraf’s counsel Chaudhry Faisal Hussain while talking to The Express Tribune has shown his ignorance over the delay in the notification of the new head of special court. However, he states that they are ready to face trial. Faisal says that the special court could not resume hearing without the completion of bench, adding that they are considering whether a review petition be filed against the SC’s fresh judgment or not.

Sheikh Ahsan advocate, who had approached the SC for initiation of trial against Musharraf in 2013, states that the federal government is trying to delay the trial of former military ruler; therefore, it is not notifying the new head of special court. He demanded that the government notify the new head without further delay in view of the SC’s February 26 order.

Ikram Chaudhry, who is the member of prosecution team in the treason case, has also expressed concern over the federal government’s delay in the issuance of the notification. He says this delay is because of ‘political compromise’.

In April 2014, the former army chief was formally charged with treason for imposing emergency and the Provisional Constitutional Order on November 3, 2007. But the trial met a roadblock when the special court’s three-judge bench on November 21, 2014, asked the federal government to treat ex-CJP Dogar, then prime minister Shaukat Aziz and then law minister Zahid Hamid as co-accused.

After the passage of one year, the Islamabad High Court set aside that order on the request of the three additional suspects. But on November 27, 2015, the special court again asked the Federal Investigation Agency to record the statements of all four men. Dogar again challenged the special court’s order before the IHC but his plea was dismissed on December 9, 2015.

Later, he moved the SC, wherein he got a ruling in his favour. The SC has observed that a fresh investigation into high treason by associating any person is the prerogative of the federal government, and not the special court or the IHC.

Meanwhile, Musharraf on February 25 went to the Supreme Court, seeking one-time permission to go abroad for medical treatment. The retired military general, who is on the no-fly list, has been hospitalised twice in the last month.

Published in The Express Tribune, March 7^th, 2016.