Treason trial: Musharraf can’t be tried in civilian courts, say defence lawyers
Say the former military strongman promulgated emergency as chief of the army staff.
Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
ISLAMABAD:
Former military ruler Pervez Musharraf’s defence lawyers on Sunday claimed that the promulgation of November 3, 2007, emergency could not be challenged in any civilian court as Musharraf took that step as the army chief.
“Military act cannot be challenged in any civilian court and this will be one of our key arguments to defend our client before the special court,” said Ahmad Raza Khan Kasuri, one of the members of Gen (retd) Musharraf’s legal panel.
To support his argument, Kasuri cited as precedence the National Logistic Cell (NLC) corruption case in which some senior military officers were not presented before the civilian court and were tried under military court.
Kasuri said the October 12, 1999, act was more serious than November 3 emergency and yet it was covered up by the Supreme Court on the ground that when there was a threat to the state a state of emergency could be preferred over the Constitution.
“If the Constitution is preferred over the state during the crucial times, then the consequences are the same as those we faced in 1971 in the fall of Dhaka,” he noted.
He said in Nov 2007 only some judges were sacked, but in 1999 the entire government, including both houses of the parliament, were wrapped up. “Why then the government is so selective in invoking the Article 6 of the Constitution?” he asked. “Our stance is that in both cases, the state was under threat,” he added.
He further said Musharraf’s lawyers would challenge composition of the three-member special trial court while defending their client before the special court.
“We have not challenged composition of the bench as someone independently challenged the special court in Islamabad High Court. We have still the option to go to the High Court against this composition,” he said.
“I think the judiciary and the government both have realised the sensitivity of complications of the matter that’s why it is yet to initiate the trial”, Kasuri said.
Published in The Express Tribune, December 9th, 2013.
Former military ruler Pervez Musharraf’s defence lawyers on Sunday claimed that the promulgation of November 3, 2007, emergency could not be challenged in any civilian court as Musharraf took that step as the army chief.
“Military act cannot be challenged in any civilian court and this will be one of our key arguments to defend our client before the special court,” said Ahmad Raza Khan Kasuri, one of the members of Gen (retd) Musharraf’s legal panel.
To support his argument, Kasuri cited as precedence the National Logistic Cell (NLC) corruption case in which some senior military officers were not presented before the civilian court and were tried under military court.
Kasuri said the October 12, 1999, act was more serious than November 3 emergency and yet it was covered up by the Supreme Court on the ground that when there was a threat to the state a state of emergency could be preferred over the Constitution.
“If the Constitution is preferred over the state during the crucial times, then the consequences are the same as those we faced in 1971 in the fall of Dhaka,” he noted.
He said in Nov 2007 only some judges were sacked, but in 1999 the entire government, including both houses of the parliament, were wrapped up. “Why then the government is so selective in invoking the Article 6 of the Constitution?” he asked. “Our stance is that in both cases, the state was under threat,” he added.
He further said Musharraf’s lawyers would challenge composition of the three-member special trial court while defending their client before the special court.
“We have not challenged composition of the bench as someone independently challenged the special court in Islamabad High Court. We have still the option to go to the High Court against this composition,” he said.
“I think the judiciary and the government both have realised the sensitivity of complications of the matter that’s why it is yet to initiate the trial”, Kasuri said.
Published in The Express Tribune, December 9th, 2013.