‘Bias’ alleged: Plea for a larger bench
My client apprehends bias from the bench as long as it is headed by Justice Khawaja: Advocate
Former president Pervez Musharraf. PHOTO: REUTERS
ISLAMABAD:
Former military ruler Pervez Musharraf on Thursday requested that since Justice Jawwad S Khawaja was biased against him, he should relinquish his position from the three-judge bench of the Supreme Court which is hearing six petitions asking for treason trial against him.
Justice Khawaja has been heading the bench comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan after Chief Justice Iftikhar Muhammad Chaudhry recused himself from it.
“My client apprehends bias from the bench as long as it is headed by Justice Khawaja,” said Advocate Malik Qamar Afzal, representing the former president, while arguing that a larger bench should hear the petitions.
The lawyer informed the bench that Justice Khawaja was against the chief justice’s unseating on March 19, 2007 and had resigned in protest as a result. Secondly, he pointed out that Justice Khawaja, in an interview to a private TV channel, had expressed his disappointment over the CJ’s removal. Lastly, Advocate Afzal highlighted an additional note added by Justice Khawaja as a judge of the Supreme Court in the July 31, 2009 judgment which deemed the state of emergency declared by Musharraf in 2007 unconstitutional.
Bringing this evidence into context, Advocate Afzal said that partiality was expected on part of Justice Khawaja while he heard Musharraf’s cases.
Published in The Express Tribune, May 3rd, 2013.
Former military ruler Pervez Musharraf on Thursday requested that since Justice Jawwad S Khawaja was biased against him, he should relinquish his position from the three-judge bench of the Supreme Court which is hearing six petitions asking for treason trial against him.
Justice Khawaja has been heading the bench comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan after Chief Justice Iftikhar Muhammad Chaudhry recused himself from it.
“My client apprehends bias from the bench as long as it is headed by Justice Khawaja,” said Advocate Malik Qamar Afzal, representing the former president, while arguing that a larger bench should hear the petitions.
The lawyer informed the bench that Justice Khawaja was against the chief justice’s unseating on March 19, 2007 and had resigned in protest as a result. Secondly, he pointed out that Justice Khawaja, in an interview to a private TV channel, had expressed his disappointment over the CJ’s removal. Lastly, Advocate Afzal highlighted an additional note added by Justice Khawaja as a judge of the Supreme Court in the July 31, 2009 judgment which deemed the state of emergency declared by Musharraf in 2007 unconstitutional.
Bringing this evidence into context, Advocate Afzal said that partiality was expected on part of Justice Khawaja while he heard Musharraf’s cases.
Published in The Express Tribune, May 3rd, 2013.