Ghazi murder case : Musharraf challenges case against him

Says army was called in by civilian authorities to carry out Lal Masjid operation.

ISLAMABAD: Former president Pervez Musharraf has challenged the Ghazi Abdur Rasheed murder case against him saying the armed forces were called in by the civilian authorities to carry out the Lal Masjid operation in 2007, during which Rasheed was killed.

On September 2, 2013, the Aabpara police registered a murder case against Musharraf on the directions of the Islamabad High Court. The former president was arrested on October 10 at Chak Shehzad farmhouse and was granted bail by a sessions judge on November 4, 2013.

On February 20, Islamabad Additional District and Sessions Judge (West) Pervaizul Qadir Memon issued non-bailable arrest warrants for Musharraf.

The trial court initiated the process to declare the former president a proclaimed offender in the case after he failed to appear before the court by issuing a proclamation on May 21, 2016. The court had summoned Musharraf on June 25 along with his two guarantors, Capt (retd) Nazir Ahmed and Jan Mohammad. The guarantors had submitted surety bonds of Rs100,000 each when Musharraf was granted bail in November 2013.

However, Musharraf’s counsel Akhtar Shah filed an application in the same court on Monday challenging the murder case against his client.

Musharraf’s counsel maintained that the army was called out by the civilian authorities and acted in aid of civil power under Section 245 of the Constitution.

Talking to The Express Tribune, Shah said that the high-ups of Islamabad district administration and the Islamabad Police had written letters to the army. “They called in the army and handed over the area to them,” said Shah.

Shah has also maintained in the petition that as per Section 132 of the Code of Criminal Procedure, no criminal case could be filed against any official of the armed forces when they were acting in aid of the civil power.

Musharraf’s counsel has requested the court to review and cancel the murder case against his client.

Shah has made the federation, the interior ministry, the Islamabad Police, the Islamabad deputy commissioner, the Islamabad chief commissioner and Ghazi’s son Haroonur Rasheed Ghazi — who is the plaintiff in the murder case against Musharraf — as respondents.

Shah said the court had admitted his petition and issued notices to the respondents for June 25.

Shah has also requested the court to declare the non-bailable warrants issued for Musharraf. He has also requested the court to first decide the petition before proceeding any further in the murder case.

Published in The Express Tribune, May 24^th, 2016.