Musharraf's counsel stressed that the apex court could not order the trial of the former president, as only the federal government could initiate such proceedings. PHOTO: AFP
Why has the federal government not taken action against former President Musharraf for violating the Constitution? This was the question a two-member bench of the Supreme Court asked Attorney General Irfan Qadir and acting Law Secretary Sohail Qadeer Qureshi on Monday.
The bench, headed by Justice Jawad S Khawaja, observed that the federation had so far taken no action against the person who had been declared a usurper by the apex court on July 31 2009 and against whom the Senate had unanimously passed a resolution on January 23 2012, calling for his arrest whenever he returned to Pakistan. The bench also directed Attorney General Qadir and Acting Law Secretary Sohail Qureshi to submit a detailed response with regard to the steps taken by the federation to initiate criminal proceedings against Musharraf.
“Before I file a reply on behalf of the federation in response to the five identical petitions seeking a trial of Musharraf under article 6 of the Constitution and under the High Treason Act 1973, I submit an objection that the bench hearing these petitions should not consist of any judge who took oath from the former President,” responded Qadir. Attorney General Qadir himself had taken an oath as a Lahore High Court judge after the November 2007 Provisional Constitutional Order (PCO) but was removed along with other judges for violating the SC order issued on November 3 2007.
When asked about the government’s position on the November 2007 emergency, Qadir replied that he had no instructions in that regard at present.
Appearing on the court’s call, acting Secretary Sohail Qureshi said any action against Musharraf after the July 31 2009 judgment of the SC was to be taken by the interior ministry and not by the law and justice division.
The bench asked him why the ministry of law had not formed a trial court consisting of three high court judges to proceed against the former dictator.
“Have the president and prime minister not taken an oath to protect the constitution? Is Article 6 not part of the constitution? Why they have not initiated any action against Musharraf, whose action has been declared unconstitutional by the court?” These were the questions then asked by Justice Hussain.
In its order, the bench observed that the federal government had apparently failed to take any action against Musharraf even after he returned to the country on March 24 2013.
Meanwhile, Musharraf’s counsel Ahmed Raza Kasuri filed an application asking for the setting up of a full court bench, minus Chief Justice Iftikhar Muhammad Chaudhry, to hear the petitions against his client. Earlier, the Supreme Court office had asked him to file separate applications for each of the five petitions.
In his reply, Kasuri stressed that the apex court could not order the trial of the former president, as only the federal government could initiate such proceedings.
The hearing was then adjourned till Wednesday April 17, when the bench will take up the request for a full court.
Published in The Express Tribune, April 16th, 2013.
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The government will do nothing because it appears to be complicit and the Supreme Court knows it will do nothing and so inists on the government to do something.........and in that way plays to gallery. The public ralise this but are helples......credibility of all gets damaged, if that is possible.
@naeem khan Manhattan,Ks: It is shameful,because the Supreme Court of Pakistan is acting in a partisan and biased manner.It is forcing government to start treason charges against Musharraf which is against the constitution and rule of law.
I can't believe such a statement coming out from SC. If so desperate then take suo moto instead. Simply ridiculous.
The court asked "“Have the president and prime minister not taken an oath to protect the constitution?" How about the SC judges and generals? Did they not take oath to protect the constitution? Yet every time there is an act of high treason the SC judges aid and abet in that including the current PCO court. When the PCO judges can force elected PM out and the other to write a worthless Swiss letter why they cannot implement their decision now? Now it is a neutral setup and SC can do whatever they want instead of making excuses and passing the buck.
@naeem khan Manhattan,Ks: Yes. Sad indeed. But all people involved in illegal acts have to face the law. It has to start somewhere and I think Musharraf is a good candidate for that. Hanging is the punishment for a usurper and all those who assisted him. Loss of a few thousand people is a small sacrifice for the greater good. Musharraf by coming back is taking everyone on. Pakistan stands at the crossroads. The right path is always difficult, the other path we have already traveled on with the dictators.
I dont understand how only Musharraf is facing treason charges. All parliamentarians of ruling party should face treason charges when they secretly agreed to drone strikes and acting in parliament faking their concern to the public.
This is ludicrous. Its the first biggest collective treason done in possible history of the world.
Judges in fear, if he again makes it to power. Ops!
Is it a bad omen for Musharraf's APML party with falcon as its election symbol that a dead falcon from Pakistan was found in India yesterday?
Is there any Pakistani in the government and judiciary who is not tainted, it seems all these people has committed blunders and some how protecting a man who has clearly subverted the constitution.When you have a weak and corrupt government, the Supreme Court of Pakistan can't do much and it became apparent in the past and even now that the present government is full of people who regard themselves above the law and could not care less for the future of the country and above all their priority is to recycle themselves in the future. It is shameful and sad affair in Pakistan.
It doesn't suit a court to force or instigate a party to initiate proceedings againds against an individual I guess. And they still want be seen as impartial. Mockery of justice.