One of the country’s most senior lawyers, Sharifuddin Pirzada. PHOTO: AFP
Led by one of the country’s most senior lawyers, Sharifuddin Pirzada, Pervez Musharraf’s legal team has so far failed to get relief during the ongoing proceedings of the high treason case.
During the special court’s hearings, Musharraf’s team raised several objections over the constitution and jurisdiction of the three-member court. His lawyers alleged bias of judges and also requested that the court grant exemption to the “high level accused” in the case first because of security concerns and later on medical grounds. But the court was not convinced and ordered for his personal appearance. The court also held that appropriate orders shall be passed in case of failure.
The court twice sought the medical report on the health condition of Musharraf from the AFIC and refused to give exemption to the accused subsequently. Musharraf’s legal team has also taken this matter on different platforms to seek remedies. The Islamabad High Court (IHC) rejected Musharraf’s lawyers’ objections over the constitution and jurisdiction of the special court to initiate the treason trial. The objection against the appointment of the prosecutor was also turned down. The defence team also filed the same objections before the special court, but it is yet to announce its decision.
After alleging bias of the special court, the defence team later retracted its objections over Justice Tahira Safdar and also tendered an apology for their oversight when she presented her clarification.
Musharraf’s legal team had also challenged the July 31, 2007 judgment of the apex court in which the November 3, 2007 emergency rule imposed by Musharraf was declared as illegal and unconstitutional. A 14-member larger bench of the apex court had rejected the petition. On January 31 (today), the special court had issued bailable arrest warrants against Musharraf.
Reasons for failure
Sources privy to the case told The Express Tribune that the former ruler had limited options when it came to lawyers as some top lawyers of the country had turned down his requests to represent him before the special court. Among these legal wizards are former attorney general (during Musharraf’s tenure) Malik Muhammad Qayyum, Asma Jehangir, Wasim Sajjad and SM Zafar. Musharraf’s legal team mostly comprising aged lawyers was also stated as one of the reasons for a lack of coordination among the defence lawyers.
“No one is ready to follow the other colleague in true spirit,” a member of the defence team commented. The same incoherence was witnessed during the proceedings of the treason case, he added. It was also a source of irritation for the judges of the special court, who asked for discipline several times.
At the other end, the prosecution team is being assisted by energetic young researchers and barristers. The prosecution side is also arguing the case in a coherent manner, the defence team’s member said.
Published in The Express Tribune, February 1st, 2014.
COMMENTS (30)
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The Best way to provide security to Mr Musharraf is to arrest him and put him in jail and hold the court proceedings in the jail Second option. Arrest him and put him in his palace next to Islamabad and hold the proceedings of the case right in that palace. Hopefully this will satisfy him. But do not let him go out of the country on any pretex.
@Khan:
I am glad Musharraf is not showing up in the Kangaroo court. What is the reason of keeping the biased judges? Of course it is not for justice but to make sure Musharraf goes to jail or get hanged like ZAB.
@naeem khan: The prime minister of the time Nawaz Sharif who agreed to the demand of Bill Clinton for a withdrawal of Kargil,fact is military success, political failure, hijacking nonsense, economy prospered,more development took place in Bolochistan than any other time,foreign fighter's who were on the run from U.s forces in Afghanistan were captured by Pakistani army crossing into Pakistan, they were offered to their countries of origin, when they refused to take them back, that's when they were handed over to the Americans, Musharraf's opponents turned these people into Pakistani's.
a decade back or so anjum niaz in one of her weekly columns covered an interview with (late) naseerullah babar. on asking what he thought about musharraf, his reply: a coward, corrupt and a mediocre officer! and he has proved to be all 3!
these courts and judges have already set their minds and we all know who is behind all that. Musharraf wanted civil way to deal with all fake cases against him, but this is the country where only force works very well.
@Mirza:
The cammondo is the only leader who came back to face the charges. Not like Nawaz and Bhutto left the country.... Offcourse he is not given a fair trail.....The same Nawaz is now following his policy..Shame on them...!!!
BREAKING NEWS, ET reports time travel --> "Musharraf’s legal team had also challenged the July 31, 2007 judgment of the apex court in which the November 3, 2007"
This is a mere rhetorical article not a news item! When judges bias are well known it shows travesty of justice. Lawyers do their best but where kangaroo courts are there they are doing infront of biased judiciary. If a judge has made up their mind already then it isnt justice but victimization. Care to ponder why Musharrafs review appeal was dismissed being time bound applying after 4 years (though reason was clearly identified) but the same SC entertained the PM's petition on hijacking case in same July 2009 after a staggering 8.5 years gap! Its sheer bias and hey hijacking case review petition bench was spearheaded by current CJ.
Stop playing games, just turn up to court.
judiciary must prove that they are worthy of the trust & should run vendetta of Iftikhar Ch and Nawaz Sharif
The writing maybe on the wall for the General, however, this current government and its appointed judges are making a mockery of blind justice. Anybody who is objective can see that this trial seems biased.
He must face the courts.
@Mirza: Indeed 'the writing on the wall is clear'! With the present setup there is no chance of any 'relief'. Revenge and vendetta are the order of the day.
Musharraf's case is already very weak and the defense counsel is making mockery of justice. When his bail plea was rejected in April 2013, Musharraf fled the Court premises making fun of justice and the institution that he once represented. Then they tried to take refuge behind "security concerns". Interestingly, every time an undetonated bomb was found in the way whenever Musharraf was supposed to appear in the Court. When the government further increased the security by increasing the number of security personnel to 1600 (from earlier 1200), Musharraf became "suddenly ill" and the motorcade was diverted to Military Hospital where he is resting at taxpayers expense for the past 30days! The lawyers tried to drag Army into the case but the institution of Army is professionally keeping itself away from the tricks of Musharraf. Then Mush lawyers tried to scandalize the judiciary but failed. One day or the other, this man will meet justice since justice can be delayed but justice can't be denied!
When courts have decided they will not give the relief, than whatever Pirzada and his team is doing will never work.
Democracy is digging it's grave!
Musharaf should not act like a coward and hide in hospital.He should face the trial in Court for violating Article 6 of the Constitution which is high treason.
You can bring in the best lawyers or best brains , you can have the best arguments but any hope of justice is futile in tyrannical rule. In the Kingdom of Sharifs and Zardari's , it is the King who takes the decision and law is just to give it acceptable wrapping for the public. As people of Pakistan, we will keep prosecuting people like Abus Salam or Musharraf and making a hero out of corrupts like Zardari or Iftikhar Chaudhry. As we into a downward spiral , we will grow longer beards and wear higher Shalwars thinking that divinity is not happy. We never introspect and never learn ... period.
all the corrupt politicians are united against commando so they can continue their corruption game without any opposition.
Gone are the days, when this scrupulous jadoogar was getting pre-approved arguments before the kangaroo courts of military dictator !
don't worry fellas general's army will ultimately save him from going through a punishment
The writing on the wall is clear. You can run but you cannot hide. The commando must be smoked out if he still unwilling.