Make lawyers panel for Musharraf: court orders govt

Directs law ministry to seek services of 15-20 advocates to defend ex-president

ISLAMABAD: The Special Court hearing a high treason case against General (retd) Pervez Musharraf has directed the Ministry of Law to constitute a new penal of counsels – comprising at least 15 to 20 advocates – to defend the former military ruler.

“The Secretary to Government of Pakistan, Ministry of Law and Justice Islamabad is directed to constitute a new panel comprising at least 15 to 20 advocates for the purpose and their consent be obtained and report in this behalf be filled before the next date of hearing,” said in a written order.

The two-page ordered was issued on Wednesday a day after hearing of the case by the three-judge Special Court – led by Justice Tahira Safdar and comprising Justice Nazar Akbar and Justice Shahid Karim.

It said: “The acting Secretary Ministry of Law & Justice has placed a report whereby the ministry has sought willingness of six advocates to be appointed as defence counsel on behalf of the accused at state expense,” adding no advocate was available and the secretary sought more time to make a penal.

The bench adjourned hearing of the case till August 22.

Earlier, the court had declared that Musharraf has lost the right to engage a counsel as he failed to appear before the court despite repeated summons. However, it is learnt that Musharraf has decided to challenge the Special Court’s order in the Islamabad High Court (IHC) soon.

Talking to The Express Tribune, Musharraf’s attorney Salman Safdar wondered how the prosecution body was asked to find a defence lawyer, adding that this decision would compromise the condition of fair trial and fair proceedings.

Musharraf case hearing adjourned till July 23

“High treason is a constitutional crime. However, defence lawyer is being appointed just to fulfill formality which is also unprecedented,” he added.  Safdar said Musharraf’s medical condition is being recognised.

“He was allowed to go abroad [by government] and his name was removed from the Exit Control List (ECL) by the interior ministry. Musharraf is constantly hospitalized and is facing life threatening ailments,” he added.

Legal experts believe that conclusion of treason trial is a big challenge for the superior judiciary, which is giving tough time to political leadership since its restoration in March, 2007.

Even the Supreme Court led by incumbent Chief Justice of Pakistan (CJP) Asif Saeed Khosa has passed several directions to the court to conclude the trial expeditiously.

However, the trial which started in November 2013 months after the Pakistan Muslim League-Nawaz’s (PML-N) government came into power could not be concluded in last six years due to several reasons.

At first, the special court had directed the federal government to include three more individuals in the case lodged against promulgation of emergency in November 2007.

Due to this order, the proceeding remained suspended for couple of years. Later the SC set aside the special court order by directing to hold trial of Musharraf only. However, in March 2016, the former army chief went abroad due to medical reasons.

During this time, several judges, who were part of Special Court, have either retired or elevated to the apex court.  The case also remained a cause of civilian-military tensions during the PML-N tenure.

In November 2007, the Pakistan Tehreek-e-Insaf (PTI) chief Imran Khan had vowed that his party will initiate proceedings against Musharraf over his unconstitutional act but it has also been witnessed that the PTI, after coming into power, has shown no willingness to conclude the trial.

Many close aides of General Musharraf are now sitting in the incumbent federal cabinet. Both current the attorney general for Pakistan and law minister have represented him in the treason case.

Former CJP Mian Saqib Nisar had initiated efforts to lure back Musharraf but his counsel presented medical reports to substantiate that he could not return.

In October 2018, the special court in its last order decided to form a judicial commission to record his statement under Section 342 CrPC in the high treason case

Soon after taking charge as the CJP, Justice Khosa took up matter regarding conclusion of the treason trial. In April, a three-judge bench led by the CJP directed the special court to proceed against the absconding former president in accordance with law and conclude the matter.