Musharaf’s treason trial: IHC dismisses petition challenging special court
The petitioner had objected to the selection of judges for the court.
The treason trial of Pervez Musharraf is likely to start next week. PHOTO: FILE
ISLAMABAD/KARACHI:
Islamabad High Court (IHC) on Wednesday dismissed a petition challenging the constitution of a special court for treason trial of former military strongman General Pervez Musharraf under Article 6 of the Constitution.
Justice Noor-ul-Haq N Qureshi was hearing the petition filed by a local lawyer Riaz Hanif Rahi – who is a member of Islamabad High Court Bar Association.
The petitioner had claimed that selection of judges for the special court – comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali – was the prerogative of prime minister. However, he contended, in the case of Musharraf the judges for the court had been picked up by Chief Justice Iftikhar Muhammad Chaudhry.
Earlier, the IHC registrar office had raised objection to the petition, saying that the matter was sub judice before the Supreme Court (SC) and the lawyer (petitioner) should seek relief from the apex court.
During the course of hearing, Justice Qureshi asked the petitioner as to how he could argue despite the objection raised by the IHC registrar office.
The petitioner said every citizen had the right to point out if he noticed anything wrong in the bench.
He said the judges appointed for treason trial of Musharraf had refused to take oath under the Provisional Constitutional Order (PCO).
He said Justice Yawar Ali was the nephew of Justice (retd) Khalil-ur-Rehman Ramday who had been affected by the November 2007 emergency promulgated by the ex-military dictator.
The petitioner – calling into question the impartiality of the existing judges of the special court – said the judges should have been appointed on the basis of merit. He also contended that Federal Investigation Agency (FIA) had also not investigated the matter in a proper manner.
“You want to sabotage the trial by filing the petition while you have failed to remove the objection raised by the registrar,’’ observed Justice Qureshi as he first reserved the judgment on the maintainability of the petition, which was later in the evening dismissed by the court.
The treason trial of Pervez Musharraf is likely to start next week. Senior lawyer Sharifuddin Pirzada is going to defend Musharraf along with his team comprising Dr Khalid Ranjha – who had served as minister of law and justice during Musharraf’s regime, Ilyas Siddiqui, Ahmed Raza Kasuri and Ibrahim Satti. On the prosecution side, the government has appointed senior lawyer Akram Sheikh.
Special court’s head
Sindh High Court’s Justice Faisal Arab, who is the head of the three-member special court, will leave for Islamabad on Thursday (today), sources told The Express Tribune.
The federal government had appointed Justice Arab as head of the special court to proceed against the former president under Article 6 of the Constitution. The ministry has already appointed a district and sessions judge from Sindh, Abdul Ghani Soomro, as the registrar of the court.
The officials said a special court had been established on the Federal Shariat Court’s premises to start formal proceedings of the trial.
Published in The Express Tribune, December 5th, 2013.
Islamabad High Court (IHC) on Wednesday dismissed a petition challenging the constitution of a special court for treason trial of former military strongman General Pervez Musharraf under Article 6 of the Constitution.
Justice Noor-ul-Haq N Qureshi was hearing the petition filed by a local lawyer Riaz Hanif Rahi – who is a member of Islamabad High Court Bar Association.
The petitioner had claimed that selection of judges for the special court – comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali – was the prerogative of prime minister. However, he contended, in the case of Musharraf the judges for the court had been picked up by Chief Justice Iftikhar Muhammad Chaudhry.
Earlier, the IHC registrar office had raised objection to the petition, saying that the matter was sub judice before the Supreme Court (SC) and the lawyer (petitioner) should seek relief from the apex court.
During the course of hearing, Justice Qureshi asked the petitioner as to how he could argue despite the objection raised by the IHC registrar office.
The petitioner said every citizen had the right to point out if he noticed anything wrong in the bench.
He said the judges appointed for treason trial of Musharraf had refused to take oath under the Provisional Constitutional Order (PCO).
He said Justice Yawar Ali was the nephew of Justice (retd) Khalil-ur-Rehman Ramday who had been affected by the November 2007 emergency promulgated by the ex-military dictator.
The petitioner – calling into question the impartiality of the existing judges of the special court – said the judges should have been appointed on the basis of merit. He also contended that Federal Investigation Agency (FIA) had also not investigated the matter in a proper manner.
“You want to sabotage the trial by filing the petition while you have failed to remove the objection raised by the registrar,’’ observed Justice Qureshi as he first reserved the judgment on the maintainability of the petition, which was later in the evening dismissed by the court.
The treason trial of Pervez Musharraf is likely to start next week. Senior lawyer Sharifuddin Pirzada is going to defend Musharraf along with his team comprising Dr Khalid Ranjha – who had served as minister of law and justice during Musharraf’s regime, Ilyas Siddiqui, Ahmed Raza Kasuri and Ibrahim Satti. On the prosecution side, the government has appointed senior lawyer Akram Sheikh.
Special court’s head
Sindh High Court’s Justice Faisal Arab, who is the head of the three-member special court, will leave for Islamabad on Thursday (today), sources told The Express Tribune.
The federal government had appointed Justice Arab as head of the special court to proceed against the former president under Article 6 of the Constitution. The ministry has already appointed a district and sessions judge from Sindh, Abdul Ghani Soomro, as the registrar of the court.
The officials said a special court had been established on the Federal Shariat Court’s premises to start formal proceedings of the trial.
Published in The Express Tribune, December 5th, 2013.