Former president Pervez Musharraf. PHOTO: AFP/FILE
In an effort to defend their beleaguered client, former president Pervez Musharraf’s legal counsel on Monday argued that when faced with a threat to national security, military intervention was justified in a developing country.
Qamar Afzal, representing the former president, told a three-member bench of the apex court that the army is a recognised power in developing countries and cannot be stopped by Article 6 when saving the country is its main priority.
Afzal made his concluding arguments before the bench led by Justice Jawwad S Khawaja and comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan, which is hearing identical petitions seeking Musharraf’s trial for high treason.
Replying to the counsel’s comments, the apex court judges reiterated that the role of the army was well defined in the constitution and servicemen were required to remain with their domain instead of encroaching on civilian power.
Senior advocate of the Supreme Court Ahmed Raza Kasuri highlighted that a nation’s army is its strength. Taking the plea of separating of powers, Kasuri argued that the judiciary’s role is to deliver justice and not question the integrity of the country’s institutions.
Referring to earlier apex court judgments in the Asma Jillani, Maulvi Tameezudin and Zafar Ali Shah cases, Kasuri alleged that even the court had delivered different verdicts when hearing cases on the same subjects. Meanwhile, the bench observed that a petitioner’s counsel had asked the court to direct the treason trial of the former military dictator, arguing that Musharraf could then defend his actions under the Pakistan Penal Code (PPC), which provided exceptions.
Voicing his objections, Kasuri said that no petitioner had locus standi against his client. Citing the July 2009 court verdicts, he further emphasised that the Supreme Court had not issued any directions against his client knowing fully that it was the federation’s prerogative to launch a complaint in the treason matter.
Justice Ijaz Afzal Khan observed that the court could issue directives to the federation if a government employee failed to discharge given duties saying it did not affect the merit of the case. Justice Khawaja in his comments observed that the petitioners in the case had argued that Musharraf’s decision had violated the constitution, thus suspending fundamental rights of citizens.
Published in The Express Tribune, May 7th, 2013.
COMMENTS (4)
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@Talha: Either the constitution of Pakistan be respected or thrash it out . if constitution is respected Musharaf 's act shall be evaluated in the light of constitution and not on the basis of his performance ( which was an afterward consequences which could have been bad or good)
Almost everything in my beloved Pakistan has become the otherway round and creativity at its peak. Now squashing the constitution under the boots openly admired and even hinted by the COAS in public that may happen again. The treason acts are considered patriotic acts and cannot be challenged due to the blessings and uncompetitive judiciary's actions in the past!
What an irony; the man who has the courage to come back to Pakistan despite all threats, who has repeatedly defended Pakistan on every forum & media, whose words & actions speak language of patriotism & courage, under whom quality of common man in Pakistan improved by leaps & bounds, who brought us out of IMF's dependence, who represented us in a dignified manner & astute statesmanship, who gave us NADRA, PEMRA, NDMA etc, and who introduced HEC and laid foundations for better prospects of higher education; the same man is being charged for TREASON!!! What a shame!!!
Insha Allah, a time will come when courts will acquit him of all the baseless charges levelled against him, he shall kiss Good Bye to this country where humans can be lynched in broad daylight that too in the holy month of Ramadan with hundreds of people getting entertained, and words of Faiz shall echo in the ears of people with some level of conscience:
"Kabhi tou sochna ye tum ne kya kia logo; Ye kis ko tum ne sar-e-daar kho dia logo"
Pakistan ka Allah Hafiz!
Musharraf did absolutely right as army considers its responsibility to keep country safe from internal and external threats. We are proud of them. Had he not done that and gave Pakistan economic strength there would have been a greater problem. Today even army should take over in order to get country out of crisis into which our political mafia, judiciary and media has thrown us. People will definitely welcome army.