Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
With history beckoning, the protagonist of what will be a momentous treason trial has once again attempted to stymie proceedings of the specially-constituted court that will frame charges against him on January 1, 2014.
Gen (retd) Pervez Musharraf’s legal team had earlier attempted to review the widely sanctified July 31, 2009, judgment – only to be shot down by objections by the Supreme Court’s registrar. Most of the treason trial will be based on the famous “July 31” verdict that held Musharraf’s action of imposing emergency and dismissing judges illegal.
On Saturday, with the legal team has, once again, filed a petition to this effect, ostensibly not only addressing the objections, but also challenging the mandate of the registrar to dismiss the review petition.
Last week, the court’s registrar office had turned down Musharraf’s petition, pointing out some procedural errors along with an objection to “objectionable language” used in the petition against the judges. The office of the court also raised the objection that Musharraf’s petition could not be entertained as a review petition had already been dismissed in this case.
The legal team of Musharraf challenged the objections, saying the registrar’s office did not have the jurisdiction to dismiss the review petition. Raising objection over paragraph 56 and 76 of the judgment, Musharraf had expressed apprehension in the review petition that if the July 31, 2009, decision is not suspended, he would suffer an “irreparable loss” as he is facing a high treason case under Article 6 of the Constitution mainly on the basis of this judgment of the Supreme Court.
Through his review petition, Musharraf also sought stay order for trial proceedings initiated against him by a three-judge special court. Musharraf’s legal team also raised objections over jurisdiction and constitution of special court.
A special court led by Justice Faisal Arab on December 24 ordered Musharraf to appear before it on January 1, 2014. The charges will be framed against him on the same date, the court order read.
Timeframe issue addressed
The legal team of the former military ruler also filed a separate petition before the SC, stating that in the Nawaz Sharif case, the apex court entertained a review petition after almost 10 years.
“We asked the court that if Nawaz Sharif can be entertained after 10 years then how can Musharraf be denied on the basis of a two-year lapse in filing the review petition against the judgment?” Ahmad Raza Kasuri told The Express Tribune. “We also noted in our petition that we did not file a review during Justice Chaudhry’s tenure because he had personal grudges with Musharraf.
Lawyers tend to see the July 31, 2009 verdict as a landmark ruling in the country’s history, which cannot be revisited by the incumbent apex court’s judges. Several aggrieved PCO judges are also considering challenging the Supreme Court’s July 31, 2009 judgment.
They said that these judges had already drafted their review petitions and are awaiting the institution of Musharraf’s petition in this matter.
Over 100 superior courts’ judges were ousted through the July 31, 2009 judgment of the apex court and around 60 judges were put on contempt proceedings for violating the November 3, 2007 order on the emergency and PCO.
Most of the aggrieved PCO judges have remained dominant in bar politics and are said to be playing ‘politics’ effectively, therefore superior bars passed a resolution regarding the revisiting of the July 31, 2009 judgment.
One representative of the bar also confirmed that several PCO judges who belong to Punjab had also decided to challenge the appointment of the superior courts judges who were nominated by the Judicial Commission of Pakistan in the absence of three members, namely the Pakistan Bar Council representative, attorney general of Pakistan and law minister. He said that around 20 superior court judges were appointed from November 2012 to April 2013.
Published in The Express Tribune, December 29th, 2013.
COMMENTS (12)
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simply the best
Musharraf is one of the best world leaders! Its all a game to trap him by nawaz and iftikhar choudhary
A great man in the history of Pakistan! I pray to God to give him strength to get through all these false accusations. His only crime is that he was not a politician. The only Pakistani leader that was a true leader for the Pakistani people! He will always be my mentor and someone I will look up to. I pray that he returns back to power, but if not then Musharraf sir you were too good for this sad country!
all systems of the country miserably failed to address our issues. The only thing remaining behind is welfare of people of Pakistan. Army performed better and that is what we need.
Ultimately Musharraf will come out clean and the rulers will have to pack.
Whatever courts decide, in either case Musharraf will be the winner. He has shown the character by not running away, by coming to the country and by facing all the fake cases and the opponent judges. Love you Sir - my prayers are with you.
A great patriotic person... All the best wishes with him.... May he prove to be successful in dealing with all the beasts looting Pakistan for decades.... All those who have history of attacking judiciary and staying in the lap of dictator are now uttering voices against him.... If he is guilty none else is innocent.
This trial should immediately be suspended. The court and the fed. govt is just fooling themselves. If there should be a case then all of the politicians, judges, generals, media persons everyone involved since 1956 should be tried. Why only Musharraf coz Nawaz nora wants to take vendetta against Musharraf? No this could not be possilbe.
All Pakistani generals should be above the constitution and can crumple it under their boots at will. Let us make all the generals immune to prosecution. We have never done it anyway, why start it now? In addition the army officers should all be exempted from audits and it should be illegal to accuse them of anything from corruption to mutilation and abrogation of constitution and high treason.
Media has to be fair and objective in reporting on the case. It should not use captions and words that presume allegations as facts.
It is clear that the constitution of the trial bench is flawed and procedures have not been follwed as prescribed under the law.
July 2009 judgement is based upon a forged SC ruling. The document is without signature of some judges on a piece of ordinary paper and one judge Rana Bhagwandas has signed it two days later than the supposed date of the judgement. Justce Yasmin Abbasi retd has laready filed a petitiion in this regard.
All the three judges ad the prosecutors have a questionable background and established links with either CJ cHaudhry or NS. Judges are biased and planted.
Zulm and injustice is for all to witness. And it must be stopped before any mishap occurs
Musharraf did not do any wrong to this country. In fact, the country prospered. There were a few minor instances of wrong doing but by and large the country was happy. The people were happy and had jobs. The mess came about when the too many politicians started to bake the country's destiny. Salams