Former president General (retd) Pervez Musharraf. PHOTO: AFP
Given that General (retd) Pervez Musharraf’s legal team has challenged the very constitution of the special court constituted for the high treason trial, the decision about whether Musharraf will eventually be tried will be announced on Friday.
The Justice Faisal Arab-led three-member special court on Wednesday reserved judgment on the issue of jurisdiction of the court and biasness of the bench, and said a conclusion will be reached in the next hearing. The court also reserved its judgment on whether the case should be transferred to a military court.
During the hearing, Anwar Mansoor, one of the senior attorneys for Musharraf, concluded his arguments on the Constitution, jurisdiction and biasness of judges. The court did not extend an opportunity to the prosecutor in the case to address the court on the issue of bias, saying that this matter is between the bench and the accused.
The court will also hear a separate application of Musharraf against the appointment of prosecutor Akram Sheikh. The defence team said that the prosecutor is a confidant of Prime Minister Nawaz Sharif and that it is not possible for him to act fairly. In case the court decides that the high treason trial comes within its jurisdiction, the court will recall Musharraf for the framing of charges as said in Tuesday’s hearing.
The charge-sheet containing charges against Musharraf has already been delivered to his legal team.
“Yes, we have received the charge-sheet under protest,” Anwar Mansoor told The Express Tribune. Another member of the team said that Musharraf also appeared before the court under protest.
In his arguments, Mansoor said the amendment in the 1977 Army Act was still an effective law. On this, Justice Faisal Arab said that it means if any civilian violates the Constitution, then the case would be conducted in the military court.
Mansoor replied, “I am talking about the men in uniform and not defending civilians.”
Mansoor also submitted to the bench a CD which he said contained a clip of a TV talk show that implicates a sitting judge for holding a meeting with the interior minister and prime minister.
The judge allegedly gave assurance to the chief executive and interior minister that Musharraf will be brought in to court ‘in handcuffs’ on the next date of hearing.
Justice Faisal Arab took exception to the CD and said that anyone can begin to level accusations at judges.
“We are going to lay down the principles of biasness and how we can write about such things in reasoning,” he asked.
The bench reserved its order on this point.
On Friday, it will announce its judgment on the jurisdiction, constitution and alleged bias of the special court.
Tariq Hassan, a member of the prosecution, was not allowed to speak on the issue of bias when he stood up, as the bench held that it is an issue between the court and the accused.
However, he was allowed to cite case law on the principle of bias.
Published in The Express Tribune, February 20th, 2014.
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Justice delayed is better than "Hanging an Innocent". Fair Trail is Paramount for Justice, in the current civilan courts, it is not unlikely, it is impossible that Musharraf will get a fair Trial.