High-treason case: Prosecutor offers to quit if Musharraf appears

Defence team raises objections over Akram Sheikh’s appointment.

ISLAMABAD:

Head prosecutor Akram Sheikh offered to withdraw from the high-treason case, if the legal team of former military ruler Pervez Musharraf gives an undertaking that he will appear before the special court.

During Thursday’s hearing, Sheikh scoffed at media reports wherein it was mentioned that the accused is ready to appear in the Special Court, if his plea to change the government’s prosecutor is accepted.

The prosecutor submitted to the three-judge special bench, headed by Justice Faisal Arab, that if the accused is solely not appearing in court because of him, then he will withdraw himself from the case. However, he wanted a guarantee from Musharraf’s attorneys that the retired military general will make an appearance and face the trial.

Upon this, the court asked him not to talk about media reports and only present arguments concerned with the case.

Talking to The Express Tribune, however, Musharraf’s counsel Chaudhry Faisal Hussain rejected the media reports cited by Sheikh, saying that these news items were published to add to the prosecutor’s fame.

But before the bench, another member of Musharraf’s legal team, Anwar Mansoor Khan, raised objections over Akram Sheikh’s appointment as special prosecutor and accused him of bias. The notification of the prosecutor general’s appointment was not issued by the competent authority, he contended. Sheikh is close to Prime Minister Nawaz Sharif and was appointed as per the premier’s desire, he went on to argue.

Khan informed the bench that he wanted to provide transcripts of various TV shows wherein Sheikh has said that the case will change the future of Pakistan and that this case will not last for more than 10 to 15 days. “This shows that he was presuming a specific order from the court.”

The counsel told the court that the prosecutor made a statement about taking only $9 in fees for this case. When the government has released Rs40 million for the prosecution team, then why is he making such statements, questioned Khan. “He has revenge in mind which is why he made such a statement.”

The hearing was adjourned till today (Friday) where Dr Tariq Hassan will give his arguments in support of the prosecutor’s appointment.

Review petition by PCO judge

Former Sindh High Court’s judge Yasmin Abbasey filed a petition in the Supreme Court, requesting to review its May 18, 2011 order regarding the removal of seven PCO judges, who had refused to tender apologies in the contempt case against them by violating the November 3, 2007 order.

In May 2011, the top court held that all PCO judges ceased to hold office after the passage of the 18th Amendment since the November 3, 2007 actions of former president Pervez Musharraf were declared unconstitutional and later invalidated by parliament.

The court had directed the federal law secretary to issue notifications regarding the removal of the judges from April 20, 2010, the day the 18th Amendment was passed.

Seven judges are still facing contempt of court proceedings after refusing to tender unconditional apologies before the court, which include Justice Hasnat Ahmed Khan, Justice Syed Shabbar Raza Rizvi, Justice Syed Hamid Ali Shah, Justice (r) Iftikhar Hussain Chaudhry, Justice Syed Sajjad Hussain Shah, Justice Yasmin Abbasey and Justice Jahanzaib Rahim.

Yasmin Abbasey on Thursday moved the review petition in the Supreme Court under Article 188 of the Constitution, making federal government and Sindh High Court respondents.

She requested the SC to review its May 18, 2011 judgment and her pensioner rights be reviewed.

Published in The Express Tribune, March 21^st, 2014.