Govt sacks prosecution team in Musharraf treason case

Court seeks explanation from interior ministry over its move

ISLAMABAD: At a time when the treason trial against former military ruler Pervez Musharraf is reaching its conclusion, the Pakistan Tehreek-e-Insaf (PTI) government has de-notified the prosecution team.

The prosecution team was hired in December 2013 during the tenure of the Pakistan Muslim League-Nawaz (PML-N) government.

Renowned lawyer Akram Sheikh was heading the prosecution team. He resigned soon after the Pakistan Tehreek-e-Insaf's (PTI) victory in last year's general elections. However, the remaining team members including Tariq Hassan and Nasir ud Din Nayyar continued working.

A special court led by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar and Justice Shahid Karim noted that it had received a notification wherein the interior ministry had de-notified the prosecution team.

The court has issued a notice to the interior secretary, directing him to appear in person on November 19 to explain as to under what provision of law he had issued the notification. Interestingly, Musharraf's closed aide Ijaz Ahmad Shah is the interior minister.

Defence counsel Raza Bashir, who has been appointed by the state at the expense of the public exchequer, has also moved an application for adjournment on medical grounds.

The special court has accepted his application but told him that no further adjournments would be granted. He will have to appear before the court to advance his argument on the next date of hearing, the court order read.

The court has also directed the registrar to supply copies of the skeleton arguments and additional arguments before the next date of hearing on November 19.

Musharraf, who took over after a coup in 1999, is facing a treason trial under Article 6 of the constitution as well as Section 2 of the High Treason Act on a complaint moved by the federal government for "subversion of the constitution" on November 3, 2007.

Legal experts say that it will be interesting as to whether or not the treason trial will be concluded during the tenure of Chief Justice of Pakistan Asif Saeed Khosa who is going to retire on December 19.

Background

The treason case was started in November 2013 months after the PML-N's government came to power. Even the Supreme Court led by incumbent CJP Khosa has directed several times that the trial be completed expeditiously. However, the trial could not be concluded in the last six years due to several reasons.

First, the special court had directed the federal government to include three more individuals for initiating a treason case against them. The proceedings were suspended for couple of years because of that order. Later the SC led by CJP Khosa set aside the special court's order by directing that the trial against Musharraf be concluded only.

In the meantime, the former army chief went abroad for medical treatment. Several judges, who were part of the special court, have either retired or have been elevated in the apex court.

The case remained a reason for civilian-military tensions during the PML-N regime.

Prime Minister Imran Khan had vowed in November 2007 that his party would initiate proceedings against Musharraf over his unconstitutional acts, but the current government functionaries do not seem interested in concluding the trial. Most close aides of Musharraf are sitting in the incumbent federal cabinet. Both the attorney general for Pakistan and the law minister have represented him in the treason case.

Former chief justice Mian Saqib Nisar initiated efforts to bring back Musharraf to the country but his counsel presented medical reports to substantiate that he could not return.

In October 2018, the special court ordered the formation of a judicial commission to record Musharraf's statement under Section 342 CrPC.

Soon after taking charge as the CJP, Justice Khosa took up the matter. In April, a three-member bench led by the CJP himself directed the special court to proceed in accordance with law by concluding the matter. It held that if the accused failed to turn up, he would lose his right to audience. Following the SC's decision, the matter is proceeding in the special court. Later, the state engaged Raza Bashir as the defence counsel.