Treason trial: Musharraf appeals against special court

Requests the IHC to refer his case to an army court.

ISLAMABAD:

A day before his appearance at the special court, former president General (retd) Pervez Musharraf on Tuesday filed an Intra Court Appeal (ICA) in Islamabad High Court (IHC), challenging the verdict of the IHC single-judge bench, which had rejected his petition against the constitution of a special court for treason case.

The appeal says the special court, constituted for the trial of the appellant (Musharraf), lacks jurisdiction and has requested the IHC to set aside the single-judge bench order and refer his case to an army court.

In the ICA, Musharraf has claimed that Prime Minister Nawaz Sharif and former chief justice Iftikhar Muhammad Chaudhry had personal grudge against him and they had played active role in the establishment of special court and appointment of three-judge bench.

He has maintained that fair trial is his fundamental right and he should be tried in the manner army generals were tried in the NLC scam.

On December 23, the IHC’s Justice Riaz Ahmed Khan had rejected Musharraf’s three separate petitions in which he had challenged the trial by a special court, composition of the special court and appointment of Akram Sheikh as prosecutor.

The court had observed: “The contention of legal counsel for Pervez Musharraf is not correct for the reason that the petitioner is being tried for the offence committed under Article 6 of the Constitution’’.

The bench had noted that since the Constitution had an overriding effect over all the other laws including the Pakistan Army Act, the prayer that the petitioner be tried under the Army Act was not correct.

The special court will take up the matter on Wednesday (today) again. On the last date of hearing, Musharraf had not appeared due to security threats. The registrar office of the IHC has yet to fix the date for his appeal.

Addresses ex-servicemen

Gen (retd) Musharraf on Tuesday said he would face all the cases with some reservations and the hope that justice would be done to him.

Speaking to ex-servicemen at Pakistan-First Forum, Musharraf said all the cases against him were fabricated, false and concocted.

He said he was disappointed the way cases against him were unnecessarily being delayed and injustices being done. “I hope that justice will be done in future,” he said.

“Our soldiers have sacrificed and given lives for betterment of Pakistan. We are proud of them,” he said, adding that Pakistan had got all the potential to become a prosperous country. Musharraf also came hard on the media and said it kept discussing the difference between dictatorship and democracy but did not debate the wellbeing of the people and the issue of leadership crisis.

Meanwhile, the Islamabad police has finalised a security plan for today.  A police spokesman said that police commandos and Rangers would provide security to Musharraf as he will be taken from his farmhouse to the court.

Published in The Express Tribune, January 1^st, 2014.