The Special Court dismissed all applications by Musharraf's lawyers and stated that Musharraf should be brought to court if he fails to present himself for the next hearing on March 31. PHOTO: AFP/FILE
Thursday morning saw Justice Faisal Arab, the lead judge of the three-member bench, storm out of the court - abruptly ending the day's proceedings and leading to an explosion of rumours that Musharraf would be let off the hook.
The media reported that Justice Arab had recused himself from the case - leading to speculation that the matter had hit a major obstacle at at critical time. However, an order issued at 3pm, which contained the signature of Justice Arab, dismissed all applications by Musharraf's lawyers and stated that Musharraf should be brought to court if he fails to present himself for the next hearing on March 31.
Musharraf's defence lawyers had earlier expressed concerns over previous Special Court judgments and had accused the bench of not being neutral.
Justice Arab's reaction rose doubts about whether he would officially stepped down from his responsibility as head judge of the Special Court but subsequent reports confirmed that he would remain part of the three-member bench.
Background
Musharraf's lawyers have accused Arab's three-member bench of bias multiple times and have also called for the removal of Akram Sheikh as state prosecutor. The court had reserved its decision on Sheikh's appointment on March 26.
During today's hearing, the former president's lawyers said that Sheikh should not be allowed to speak on the case until the court announces its decision regarding his appointment.
Responding to this demand, Arab said the prosecutor will be allowed to speak in court, to which Musharraf's advocates reiterated that they were not happy with the Special Court bench and that it was not neutral.
"The Special Court had already issued an order that this bench will try Musharraf and that decision should be respected," Arab said.
Arab then said that if the lawyers think the bench was not neutral, he will separate himself from the bench. The head judge walked out of the courtroom after these statements and was followed by the other members of the bench.
Musharraf's advocate Ahmed Raza Kasuri said “[Musharraf’s lawyers] very politely said that we are not comfortable with these proceedings.”
“Reacting emotionally, Justice Arab said that he cannot carry on with these proceedings if the defence lawyers are not happy," Kasuri told media in Islamabad.
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Analysis
Constitutional expert and former law minister SM Zafar said that had Arab recused himself from the bench, the two remaining judges could not have continued to hear the case in his absence.
He stated that the government would have had to issue a notification to appoint a new bench to this case. The two remaining judges could also be appointed to the new bench, but they cannot continue the hearings unless a third judge is present, he added.
Zafar said that all the verdicts issued by the court up to this point will still hold. However, he stated that the decision on Sheikh’s appointment will no longer have any standing as it was not announced during the hearings.
Former chief justice Saeeduzaman Siddiqui said if the decision on Sheikh’s appointment was put in writing, the court’s judgement will still stand.
COMMENTS (33)
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@aaaaa: Only the biased deny the bias of the court. How much proof does on eneed? The handpicked judges are anit-musharraf and have strong ties to judges who have clearly shown their contempt for Musharraf. The head of the bench Faisal Arab unconstitutionally debarred Musharraf from running in the elections, stating he had broken the constitution with the 2007 emergency. So the chief of the bench has already ruled previously (incorrectly) on the legality of this case. Under the constitution one cannot be disqualified from the elections unless convicted and all appeals have been ruled on. Musharraf has not been convicted, much less appeals ruled on, so the barring from elections by Faisal Arab is unconstutional and PROVES his bias. What more do you need to see?
@Saeed, Reminds me of Ajit's dialogue, "Sara shaher mujhe 'loin' ke naam se jaanta hai, aur tum ho ke..." I suppose you meant 'lion' unless 'loin' was intentional. It's time for the Judiciary to "gird up its 'lions' "and deliver some justice (pun intended) because otherwise this trial, though entertaining, is proving to be a costly and drawn out media circus. My money is on the General, although it may be a travesty of justice. We haven't seen the last act of this drama yet! But don't hold your breath guys, it's a 5 Act play...For 'haven's' sake, let him go to Dubai! (O, heavens! Did I get it wrong?) :-)
@Uza Syed: I'd recommend you step a foot in Egypt and enlighten yourself before you start commenting on Egyptians predicaments. Your analysis exhibits that you have absolutely zero knowledge of their sufferings through the hands of military and hatred towards armed forces.
@saeed: Your "lion" is been hiding in a heavily guarded infirmary for a while now....lions don't hide, they fight and die in battlefield......
The great example of Egypt, its 'Demoncracy' and its great armed forces is there, when nation needed, when country endangered by the demons of the demoncracy, it came forward and saved Egypt and its people. This example is there to be followed by all who care about their own country, I hope to see Pakistan saved and I hope those responsible would respond.
I am a big fan of Musharraf and wish him all the best.
I strongly suggest that Musharraf should stand firm and face the biased court like a man. The cat and mouse game is way below Musharraf's personality and I want him to fight like a solder. May Allah protect Musharraf.
General PAIJIAAA , you had PERFECT opportunity to give something back to nation, pity that even could not EVEN BURQA MAFIA of Pakistan.
In any civilized country that is sworn to rule of law, this clown Musharraf would have been forcibly carried to the court to face justice. What a shame that Mush has been repeatedly allowed to dodge court orders to appear for over a year. Would a common Pakistani have been allowed such lax treatment by the law?
@Rex Minor: - "I thought that the guy has heart problems? it would seem that he is giving others the heart problems."
A loin is a loin, even when injured and surrounded by wolves.
@vaqas: They are the appointees of the same cheap justice as well as they have ego problems too! this tussle is getting worse and now its a battle amongst institutions!
The funny antics of Musharraf's lawyers & even continuous hideout in hospital cannot prevent punishment of the dictator from high treason!
Justice Faisal Arab and the rest of the two judges have become politicized and they should be resigned or removed from this case. The judiciary and judges who become partial cannot deliver absolute justice. In order for judiciary to be impartial and independent it is must to have neutral judges both chosen with consent of the prosecution and defendant. It seems like the whole case has become biased and millions of public rupees have been wasted by the government and judiciary and they are bent upon providing their version of "impartial justice". I think Musharraf case has become biased and it needs a fresh judiciary.
I thought that the guy has heart problems? it would seem that he is giving others the heart problems.
Rex Minor
which case is more important - one, recovery of public money from NA and AAZ or second, trial for removal of (incompetant/undecisive) govt and (.....) judges? what about accusation of Arsalan iftikhar
@ew:
People such as yourself have accused the court multiple times of bias without ever providing a shred of evidence. It was formed according to the constitution: check. The three senior most judges were chosen to hear the case: check. The federal government is the plaintiff here. They have a right to choose whoever they wish to represent them. And they chose Akram Sheikh. He is the prosecutor in this case: He is by definition biased. Get the picture? The 'institution' that backs him, meanwhile has never been accused of any bias, despite hiding him in AFIC all this while. Do you see the discrepancy yet?
Political Tides have reversed in Pakistan like in no other country. Benazir , Nawaz Sharif & Ch Iftikhar made comebacks. I think Musharraf will fit in that slot after he meets the injustice of Nawaz Sharif Government & Judiciary
Kangaroo Court between a rick and a hard place First recuse then pushed back in by NS to save face
Yar Mushi, Please visit court and let Pakistan know if you are still powerful or not. Fed up with all draged issues of Pakistan and reading same things in news papers every time.
Quite opinionated decision. A biased judiciary and a biased bench who are the effected party how can they dispense justice. I pray Musharraf never comes to this biased court, i know the institution backs him! How can biased be neutral. Shame on this biased court!
Biased.
What fascinates Mush in this life in his luxury military jail on health grounds ? looks all drama to me
Judge has changed / made to change his decision. Quite opinionated.
I am so happy to learn that Justice Arab continues to head the bench. It is imperative for early disposition of the case. I request honourable judges to not to be influenced by the undue aggression of Musharraf's laywers.
So if a under trail convict tell a court that he is not satisfied with the court, is the case transferred.And if then the convict repeats the same stance before a new court, is the case again transferred. If this be the case no one will every be convicted
It took him months instead of days to realise that he has to recuse himself. Wasted tax payers money. Will someone please ask him to pay the defence costs ?
Why are they escaping when it's the time for their courage and honour to show and give strong verdicts in favor of nation and it's future not in favor of any person.
How Can Mr. Faisal Arab walkout of the Court Room since the Defense plea on the bench was rejected. is it not the contravention to the Court Decision.
His emotionalism will only benefit Pervaiz Musharraf
The antics of the creatures hired as the defence have started to pay off. And Musharraf will say, see I cleared my name like I said I would. And his moronic supporters will no doubt agree, quite blissfully ignorant of the fact that the case hasn't even been argued yet.
I think it, for the satisfaction of Mr Mansoor and Mr Kasuri, it is advisable to appoint Mr Doger (former CJ) as the head of one-man tribunal for Musharraf trial case.
Beginning of the domino effect. rest will fall soon. Long Live Mush!
what is this . is it deal or fear or ????? . And why not he reach on this decision on first 2 or 3 days after the start of hearing .
Better sense always prevails. In hindsight.......where was justice from 1977 to 1979??? After that Z A Bhutto was hanged. The case against Musharraf is standing on its head from the day it was decided to charge him. Salams
Finally someone in our justice system that shiws some honour. Unlike our previous cheap justice ifti chaudhary sahab who wished to extend his stay in power regardless of the annihilation of the process of justice in the process.