High treason case: PHC chief justice to head special court

Decision made as Musharraf’s trial resumes today

ISLAMABAD:

The federal government has notified the new head of the special court conducting the high treason trial against former president Pervez Musharraf as the court is scheduled to resume hearing on Tuesday (today).

After the elevation of Justice Faisal Arab to the Supreme Court in November 2015, the special court had not convened because the composition of the court was incomplete. However, now that the court has its new head, the hearing can resume.

Chief Justice Anwar Zaheer Jamali had nominated Peshawar High Court Chief Justice Mazhar Alam Miankhel as the new head. The federal law ministry sent a relevant summary to the Prime Minister’s Office two months ago for the final nod, and now PM Nawaz Sharif has approved the nomination.



A senior official told The Express Tribune on Monday that Miankhel had arrived in Islamabad and also visited the Federal Shariat Court, where the special court would resume the hearing today.

The court’s other members — Justices Tahira Safdar and Yawar Ali — have also been informed of the notification of Miankhel’s appointment and they are expected to join today’s proceedings.

In its February 26 judgment, the top court had expressed its desire that the Musharraf treason trial proceed without any unnecessary delay.

Legal experts believe the latest ruling to be significant for determining the fate of the case. They say the judgment may be very damaging for the former military ruler as the court’s observations establish he was solely responsible for subverting the Constitution.

Ikram Chaudhry, member of the prosecution team in the treason case, contends that this is not an ordinary criminal trial, because it concerns the interests of several stakeholders; therefore, an expeditious trial could not be possible.

Regarding the trial’s status, he says the statements of the prosecution witnesses have already been recorded and now the special court would record the Musharraf’s statement under Section 342 of the Criminal Procedure Code, following which the court would hear the arguments.

Musharraf’s counsel Chaudhry Faisal Hussain told The Express Tribune that they are ready to face trial, adding that they are considering if they should file a review petition against the apex court’s recent judgment.



He contends that the Islamabad High Court’s (IHC) October 20 judgment regarding reinvestigation of the case is still intact and the Federal Investigation Agency (FIA) is bound to comply with the order.

Published in The Express Tribune, March 8^th, 2016.