High treason case: Acquit Musharraf, act against his advisers, says lawyer

Farogh Nasim claims that due process of law was not followed in the case

ISLAMABAD: Former military ruler General Pervez Musharraf’s lawyer appealed to the special court on Tuesday to acquit his client in the high treason case and instead proceed against those who had advised him to impose the November 2007 emergency.

The three-judge bench, headed by Justice Faisal Arab, is hearing the federation’s complaint against the former military ruler for holding the 1973 Constitution in abeyance and taking other emergency measures.



Barrister Farogh Nasim, representing the former chief of army staff, argued that since due process of law and fair trial was not followed in the case his client should be acquitted in the interest of justice.

The defence counsel pointed out that superior court judges who acceded to Pervez Musharraf’s action of October 12, 1999 also come under the purview of Article 6 of the Constitution.

Farogh Nasim contended that the current Prime Minister Nawaz Sharif had also supported the imposition of martial law by the late former army chief Ziaul Haq and later tendered apology. “Was it not a crime of high treason?” Nasim questioned.

The defence counsel submitted that the Joint Investigation Team (JIT) in its inquiry report only focused on his client Musharraf and therefore termed the FIA team investigation against the principles of due process and fair trial.

Farogh Nasim contended that Article 25 of the Constitution of Pakistan does not allow selective prosecution, saying it is clear that either everybody was involved in the high treason or nobody was.

Similarly, he argued that former prime minister Shaukat Aziz had also confessed on television about being consulted over the proclamation of emergency, but he was not investigated by the concerned authorities. The court adjourned the hearing till Thursday wherein the defence counsel will continue his arguments.

Report on F8 bomb blast case

Meanwhile, the Supreme Court has sought report from interior ministry regarding the implementation of inquiry commission’s recommendations over the March 3 terrorist attack on the district courts, wherein a judge and 10 others were killed.

Islamabad High Court Bar Association President Mohsin Kayani told the three judge bench of the apex court, headed by chief justice Nasir ul Mulk, that the government did not implement the inquiry commission’s recommendations so far.

Published in The Express Tribune, October 15^th, 2014.