Musharraf’s legal eagles fall into downward spiral
Musharraf’s team raised several objections over the constitution and jurisdiction of the three-member court.
One of the country’s most senior lawyers, Sharifuddin Pirzada. PHOTO: AFP
ISLAMABAD:
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.
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.