High court petition: ‘Musharraf turned over 1,689 men, women to the US so he must be tried’
Court to decide if such a petition can even be heard by SHC.
KARACHI:
Former president General (retired) Pervez Musharraf handed over 1,689 men and women, including 369 Pakistanis to the US, said a petition filed in the Sindh High Court (SHC).
The division bench, comprising justices Sajjad Ali Shah and Aqeel Ahmed Abbasi, observed, however, that they will have to establish whether or not a petition, against the chief of army staff can even be heard by the high courts.
Petitioner Syed Iqbal Kazmi of the Human Rights Commission South Asia was asked to explain to the court how such a petition is maintainable given that Article 248 of the Constitution of Pakistan protects the army chief from being made a respondent.
The petitioner submitted that under sub section 4 of Article 248, the president of Pakistan can be sued after a notice is issued to him. After an expiry period of 60 days, a case against him is maintainable. In the case of the chief of army staff, the petitioner cited a number of Supreme Court precedents.
He said in the recent case against the removal of judges, contempt proceedings were initiated against the army chief. He relied upon Article 9 of the Constitution under which both the president and the army chief have taken an oath to defend Pakistan and the lives and property of its citizens.
The petitioner sought action against the former president, details of the alleged deal between Musharraf and the US authorities that allowed US forces to use Pakistani soil to conduct drone attacks. On Tuesday, the bench held the initial hearing in an open court but later decided to hear it in the chambers given the sensitive nature of the petition. It reserved orders on the issue of the petition’s maintainability.
Published in The Express Tribune, June 15th, 2011.
Former president General (retired) Pervez Musharraf handed over 1,689 men and women, including 369 Pakistanis to the US, said a petition filed in the Sindh High Court (SHC).
The division bench, comprising justices Sajjad Ali Shah and Aqeel Ahmed Abbasi, observed, however, that they will have to establish whether or not a petition, against the chief of army staff can even be heard by the high courts.
Petitioner Syed Iqbal Kazmi of the Human Rights Commission South Asia was asked to explain to the court how such a petition is maintainable given that Article 248 of the Constitution of Pakistan protects the army chief from being made a respondent.
The petitioner submitted that under sub section 4 of Article 248, the president of Pakistan can be sued after a notice is issued to him. After an expiry period of 60 days, a case against him is maintainable. In the case of the chief of army staff, the petitioner cited a number of Supreme Court precedents.
He said in the recent case against the removal of judges, contempt proceedings were initiated against the army chief. He relied upon Article 9 of the Constitution under which both the president and the army chief have taken an oath to defend Pakistan and the lives and property of its citizens.
The petitioner sought action against the former president, details of the alleged deal between Musharraf and the US authorities that allowed US forces to use Pakistani soil to conduct drone attacks. On Tuesday, the bench held the initial hearing in an open court but later decided to hear it in the chambers given the sensitive nature of the petition. It reserved orders on the issue of the petition’s maintainability.
Published in The Express Tribune, June 15th, 2011.