‘Under protest’ team: For Musharraf attorneys, boycott is not an option
Special Court can appoint an advocate to defend the accused in case they pull out.
Former president General (retd) Pervez Musharraf. PHOTO: AFP
ISLAMABAD:
Former military ruler General (retd) Pervez Musharraf’s legal team has been appearing before the special court “under protest”, a senior member of the bench told The Express Tribune on Wednesday.
Anwar Mansoor, who argued the case on behalf of Musharraf, told the special court on the very first hearing on December 24, 2013, that he was receiving the charge sheet against Musharraf from the court under protest as he considers the constitution of the court as illegal and unlawful.
Musharraf’s lead counsel Sharifuddin Pirzada on Tuesday told the court that he was receiving a document from the public prosecutor Akram Sheikh on the order of the court under protest.
Sheikh said, “Mr Pirzada, please don’t accept it.”
“You cannot understand what I’m saying,” Pirzada responded.
A senior member of Musharraf’s team explained Pirzada’s message that the defence does not accept the legitimacy of the trial and considers the appointment of Sheikh as prosecutor illegal due to his closeness with the premier.
“We have narrow options with regards to a boycott of the proceedings because under the law the special court is authorised to appoint an advocate to argue the cases to defend the accused,” senior member of Musharraf’s team said, adding that section 9 of the criminal law amendment (special court) Act 1976 is the main hurdle in the way of the defence team.
The same section also binds the judges of the special court to hear the high treason case on a daily basis and discourages the deferment or adjournment of the case even in the absence of the accused.
Section 9 of the criminal law amendment says, “No trial before the special court shall be adjourned for any purpose unless the special court is of the opinion that the adjournment is necessary in the interests of justice and, in particular, no trial shall be adjourned by reason of the absence of any accused person due to illness, or if the absence of the accused or his counsel has been brought about by the accused person himself, or if the behaviour of the accused persons prior to such absence has been, in the opinion of the special court, such as to impede the course of justice but, in any such case, the special court shall proceed with the trial after taking necessary steps to appoint an advocate to defend any such accused person.”
The Justice Faisal Arab-led three-judge special court will resume the hearing of the high treason case today (Thursday). Anwar Mansoor will defend objections over the constitution of the bench and Khalid Ranjha, another member of Musharraf’s legal team, will argue that this high treason case against the former army chief be transferred to a military court.
Published in The Express Tribune, January 23rd, 2014.
Former military ruler General (retd) Pervez Musharraf’s legal team has been appearing before the special court “under protest”, a senior member of the bench told The Express Tribune on Wednesday.
Anwar Mansoor, who argued the case on behalf of Musharraf, told the special court on the very first hearing on December 24, 2013, that he was receiving the charge sheet against Musharraf from the court under protest as he considers the constitution of the court as illegal and unlawful.
Musharraf’s lead counsel Sharifuddin Pirzada on Tuesday told the court that he was receiving a document from the public prosecutor Akram Sheikh on the order of the court under protest.
Sheikh said, “Mr Pirzada, please don’t accept it.”
“You cannot understand what I’m saying,” Pirzada responded.
A senior member of Musharraf’s team explained Pirzada’s message that the defence does not accept the legitimacy of the trial and considers the appointment of Sheikh as prosecutor illegal due to his closeness with the premier.
“We have narrow options with regards to a boycott of the proceedings because under the law the special court is authorised to appoint an advocate to argue the cases to defend the accused,” senior member of Musharraf’s team said, adding that section 9 of the criminal law amendment (special court) Act 1976 is the main hurdle in the way of the defence team.
The same section also binds the judges of the special court to hear the high treason case on a daily basis and discourages the deferment or adjournment of the case even in the absence of the accused.
Section 9 of the criminal law amendment says, “No trial before the special court shall be adjourned for any purpose unless the special court is of the opinion that the adjournment is necessary in the interests of justice and, in particular, no trial shall be adjourned by reason of the absence of any accused person due to illness, or if the absence of the accused or his counsel has been brought about by the accused person himself, or if the behaviour of the accused persons prior to such absence has been, in the opinion of the special court, such as to impede the course of justice but, in any such case, the special court shall proceed with the trial after taking necessary steps to appoint an advocate to defend any such accused person.”
The Justice Faisal Arab-led three-judge special court will resume the hearing of the high treason case today (Thursday). Anwar Mansoor will defend objections over the constitution of the bench and Khalid Ranjha, another member of Musharraf’s legal team, will argue that this high treason case against the former army chief be transferred to a military court.
Published in The Express Tribune, January 23rd, 2014.