Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
“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.
COMMENTS (9)
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Its revenge, nothing else. They are against who has delivered to the people of Pakistan. If this is Nawaz's priority, then chances are he might not stay PM for a long, even 3rd time.
comment previously posted. system asked for city.
Sharif must stop revenge spree in the best interest of the country and let the bygones be bygones. Judiciary would blackmail itself if it tries General Musharraf alone leaving his cronies aside. Constitution is being distorted to single out Musharraf which shall back fire on Sharif and perhaps on Judiciary too. Emergency was imposed on the advice of central and provincial governments and his key military commanders, how come then he is being singled out by choice? His lawyers are right that this matter should be sent to the Military Court as he imposed emergency as COAS. General Musharraf has served interests of Pakistan and common citizen more better than Zardari and Sharif. He must be given due credit for his good work despite being an Army General who took over power not by choice but under peculiar circumstances created by Sharif in his previous term.
@mirza:
If there is any case or wrong doing by military personnel then they are tried in the military courts and not the civil court. They are not after all not above the law.
Now a second phase of drama is in making .
Mr. Mira As the government to maned the Army Act and then try Musarraf, your comments olne will not prove him guilty
How come the army or any state institution is beyond the constitution and above the law ?