Contend that the judges selected by the govt have personal grudges against the ex-military ruler. PHOTO: REUTERS/FILE
A panel of lawyers will open the legal challenge on Friday against the three-judge special court formed by the government to try the former military ruler Gen (retd) Pervez Musharraf.
Musharraf’s lawyers, led by renowned legal wizard Sharifuddin Pirzada, will appear before the Supreme Court and challenge the composition of the special court on the ground that all the three members – Justice Faisal Arab, Justice Syed Tahira Safdar and Justice Yawar Ali – of the special bench have a track record of personal grudges against the former military chief since the start of lawyers movement.
The panel will argue that one cannot expect a fair trial from those judges.
The government selected the three judges from the list forwarded by Chief Justice Iftikhar Muhammad Chaudhry. This list included names of five judges from all the five high courts of the country.
“Yes, we have engaged a group of senior lawyers to challenge the composition of the special court formed for the trial of the former president on the basis of some historical facts that the members of the bench will never do justice with him,” confirmed Asia Ishaq, information secretary of All Pakistan Muslim League(APML).
She said Justice Yawar of Lahore High Court was a nephew of the former judge of Supreme Court Khalilur Rehman Ramday.
“Everyone knows that Ramday was anti-Musharraf and there is no chance that his close relative will deliver any justice,” she said.
Asia pointed out that Justice Tahira Safdar and her father were also very active against Musharraf during lawyers movement and her father had died during a protest rally against the ex-president in Sindh.
Similarly, she said, “Justice Faisal Arab has also a track record of harbouring anti-Musharraf sentiments since 2007” and he had not taken oath under him.
The APML leader said they had similar views about Islamabad High Court’s Justice Shaukat Aziz Siddiqi, who included an Anti-Terrorism Act in the Judges’ detention case without any legal ground.
“Later when it was pointed out that Justice Siddiqi as lawyer had defended Maulana Abdul Aziz of Lal Mosque and has anti-Musharraf sentiments, he was ultimately disassociated from the bench, “ she said, adding that the APML demanded a fair trial by neutral judges.
Commenting on the move, Barrister Aitzaz Ahsan said Musharraf had the right to challenge the composition of the bench. He said that the word “I”, which Musharraf used in his speech after the imposition of emergency, could be problematic for him when a charge sheet is framed against him.
Published in The Express Tribune, November 22nd, 2013.
COMMENTS (20)
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ
In this case I'm sure that the lawyer will have a heavy duty because it's dealing with popular people and the case is uncommon. In addition It will invite people attention.
Mushraf is a great man
Aply also againts nawaz sharif why ? Only musharaf start from 1999......xx
@007: Nawaz Sharif or generation after him does not have the guts to carry through the sentence of gallows or life. Next time when you go to a park watch the man who caries a monkey with him. This is just a dooog doogie - monkey pretending to be sitting on a chair but there is no seat. Enjoy the show.
A defiant and valiant commando is trying to hammer on technicalities to save his behind instead of boldly swaggering into the court room and justifying his insidious and illegal actions. Idiots like Kasuri were instrumental in surreptitiously getting him back to Pakistan and will now be responsible for Musharraf being administered the lethal injection. Good riddance!
@Zaka: Also no treason case against two brothers who assaulted the Supreme Court and forced the judges to run for their life ?
I have been a staunch supporter of Gen Masharaf. He is the only person who can lead Pakistan. I wonder why my name is not included in the list of ' culprits'
@AAK: That's right no one defending that proceeding contemporarily when verdict were written Judges were just showing their might irrationally passing verdicts in haste.
Govt machinery continously sloganning 3rd November act was unconstitutional,as per phuddo verdict by a bias judge who was one of the party of conflict,who gave verdict without any defender ,No where in world even 3rd class magistrate can't give verdict without defender? Even Somalia or Nepal this kind of verdict not acceptable. How come bias judges be forced to give govt wishful decision? The Court and bias judges are challegeale,I believe this will be last nail in coffin of thisfailed Govt.
Look who is demanding fair trial.....lol
In "I" lies the power of the man...and the unwavering loyalty of those who really matter! Only a true leader and his visionary followers can understand this...not feudals and feudal mentality people!
A true visionary Pakistani who cares about Pakistan can, and always will, have the confidence to say "I" and then take a stand. He will not run away to save his skin...he is standing and fighting within the boundaries that this constitution has set...and his being here is a sign that he believes more in this constitution to deliver him justice than all those who took flight when it really mattered!!
@007 hope you stay here for a very long time buddy...and I agree with you perfectly regarding the best days for the common man.
No treason case against the person who ordered hijacking of plane carrying 250 Pakistanis, including the then Army Chief.
@007: My dear you are not alone, there are so many people including myself,I agree with you and support your view.
I do not agree with Aitzaz Ahson. Even after having consultations,with all functionaries one has to announce the decision. So using the world 'I' should never be a problem. Musharraf in his speech clearly mentions that he consulted all relevant people but he could not have said that 'we have declared emergency'. So, the word 'I' is an appropriate world.
I've been following these developments closely and have already made a decision about my own future. I and my wife are professionally qualified people and we've seen countless people around us moving abroad during last 4-5 years. They are leaving the country due to law & order situation, all round hopelessness, poor governance, growing intolerance among masses etc and embarrassing leadership. We love this country from the bottom of our heart and strongly believe that Musharraf's era were the best years for a common man. A lot of the people who left the country believed that Pakistan needs a like a leader of Musharraf's abilities. You call him a military ruler or whatever, but the country flourished, common man's quality of life improved and we had HOPE & DIGNITY. If God forbid, this visionary leader is sent to the gallows or given life imprisonment; then my family would also be saying Good Bye to my dearest Pakistan. Just waiting - with hope!
And the chief of the court that will try him was the judge who not only validated his take over but gave him immense powers to amend the constitution.
Very true. the three nominated judges are biased.