Treason trial: Musharraf’s lawyer calls for restraint

Defence counsel cautions SC against ordering initiation of case against his client.

ISLAMABAD:

General (retd) Pervez Musharraf’s attorney has underlined the need for judicial restraint by a three-member bench of the Supreme Court which is hearing six identical petitions seeking the former military ruler’s trial for treason.

Advocate Raja Muhammad Ibrahim Satti cautioned the bench, headed by Justice Jawwad S Khawaja, that if the top court issued any directions for the initiation of the treason trial against his client [Pervez Musharraf], a special trial court that will try the former head of state would end up being prejudiced by the decision.

He argued that any intervention on the part of the Supreme Court for registration of a treason case against Musharraf would influence the defence before the trial court, thus denying him the opportunity of a fair trial.

Justice Khilji Arif Hussain, one of the judges on the bench, asked the counsel whether the apex court could not direct the government to do its duty if someone abrogated the Constitution again. Justice Khilji also expressed his surprise over a statement by the government that registration of a treason case against the former general could threaten security of the state.

Advocate Satti told the court that as per separation of powers the Supreme Court should not go beyond its jurisdiction and instead leave the decision of registering a treason case to the executive.

Referring to the July 31 verdict, Advocate Satti argued that no explicit direction had been issued against Musharraf in the court ruling. He reminded the bench that the 14-member apex court bench only gave remarks and observations rather than enforceable directions. Furthermore, he argued that neither the respondent nor the petitioner in the original case sought any direction for the prosecution of his client, who had only become party after summons had been issued to him.

Advocate Satti observed that no petitioner or any other party ever approached the apex court during the past four years seeking initiation of treason trial against Musharraf.

He reminded the bench that due to the absence of any direction against Musharraf in earlier judgements, not even a judicial note had been accepted by judges in their chambers.

Later, the bench adjourned hearing of the petitions until May 2.

Published in The Express Tribune, May 1^st, 2013.