Musharraf trial: IHC upholds establishment of special court
Appeal against court ‘not maintainable’.
Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
ISLAMABAD:
The Islamabad High Court (IHC) has rejected an intra-court appeal against the establishment of a special court for the trial for former president Pervez Musharraf under Article 6 of the constitution.
A two-judge bench comprising Chief Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui rejected the petition as “not maintainable”.
The petition was filed by a local lawyer, Riaz Hanif Rahi, who is also a member of the Islamabad High Court Bar Association (IHCBA) challenging the notification issued by the law ministry for the trial, citing it as illegal.
A single-judge bench had already rejected the petition on December 5.
Rahi requested the court to set aside the notification issued by the law ministry to prosecute Musharraf on treason charges and termed it illegal. Chief Justice Kasi told the petitioner that the registrar office had raised an objection to his appeal and therefore, it should be removed. However, Rahi claimed the prime minister has the prerogative to constitute the bench, which Chief Justice Iftikhar Chaudhry had deemed to be illegal. Justice Siddiqui questioned the petitioner asking how he was aggrieved in this case, as Musharraf, directly affected by the petition’s rejection, had not requested an appeal. Rahi requested that a special court be constituted through merit so the trial may start. The bench heard the appeal and rejected it, sustaining the prior objection.
A special court, comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali, will commence the hearing of the case against Musharraf on December 24. The bench has already issued notices to Musharraf and the prosecutor.
Senior lawyer Sharifuddin Pirzada and his team, comprised of Khalid Ranjha, Ilyas Siddiqui, Ahmed Raza Kasuri and Ibrahim Satti, will defend Musharraf. Ranjha had served as law minister during the military dictator’s regime.
Lawyer Akram Sheikh and Chaudhry Hassan Murtaza will represent the government.
Published in The Express Tribune, December 20th, 2013.
The Islamabad High Court (IHC) has rejected an intra-court appeal against the establishment of a special court for the trial for former president Pervez Musharraf under Article 6 of the constitution.
A two-judge bench comprising Chief Justice Muhammad Anwar Khan Kasi and Justice Shaukat Aziz Siddiqui rejected the petition as “not maintainable”.
The petition was filed by a local lawyer, Riaz Hanif Rahi, who is also a member of the Islamabad High Court Bar Association (IHCBA) challenging the notification issued by the law ministry for the trial, citing it as illegal.
A single-judge bench had already rejected the petition on December 5.
Rahi requested the court to set aside the notification issued by the law ministry to prosecute Musharraf on treason charges and termed it illegal. Chief Justice Kasi told the petitioner that the registrar office had raised an objection to his appeal and therefore, it should be removed. However, Rahi claimed the prime minister has the prerogative to constitute the bench, which Chief Justice Iftikhar Chaudhry had deemed to be illegal. Justice Siddiqui questioned the petitioner asking how he was aggrieved in this case, as Musharraf, directly affected by the petition’s rejection, had not requested an appeal. Rahi requested that a special court be constituted through merit so the trial may start. The bench heard the appeal and rejected it, sustaining the prior objection.
A special court, comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali, will commence the hearing of the case against Musharraf on December 24. The bench has already issued notices to Musharraf and the prosecutor.
Senior lawyer Sharifuddin Pirzada and his team, comprised of Khalid Ranjha, Ilyas Siddiqui, Ahmed Raza Kasuri and Ibrahim Satti, will defend Musharraf. Ranjha had served as law minister during the military dictator’s regime.
Lawyer Akram Sheikh and Chaudhry Hassan Murtaza will represent the government.
Published in The Express Tribune, December 20th, 2013.