Treason trial: Govt unlikely to challenge Special Court’s verdict

Zahid Hamid, Abdul Hameed Dogar will challenge decision independently

ISLAMABAD:

The government has decided not to challenge Friday’s order of the special court trying former military ruler General (retd) Pervez Musharraf on treason charges for subverting the Constitution by promulgating emergency rule on November 3, 2007, The Express Tribune has learnt.

The three-judge special court directed the government to include the names of three former top civilian officials – then prime minister Shaukat Aziz, his law minister Zahid Hamid and ex-chief justice Abdul Hameed Dogar – in the charge sheet.

A source, however, said that Zahid Hamid, who resigned as minister for science and technology in the incumbent cabinet after the court order, and Abdul Hameed Dogar will challenge the decision independently. There has been no reaction from Shaukat Aziz, who has been living in self-exile for the last six years.

“The court will take up this case on December 9. However, the government has so far not given permission to the prosecution team to challenge Friday’s decision in the Supreme Court,” a member of the prosecution team said, adding that there was still enough time to take any decision.



He told The Express Tribune that it was a difficult decision to move the Supreme Court this time because in the past Musharraf’s petitions were not entertained against interim orders of the special court.

The prosecution team also argued at different times that only the final order of the special court could be challenged in the apex court. “Yes, it is difficult for us to swallow our own argument at this juncture,” said another senior member of the prosecution team.

Despite his resignation from the cabinet slot, it is not yet clear whether Zahid Hamid will continue his role as a member of different parliamentary panels and head of a key parliamentary committee on electoral reforms. Prime Minister Nawaz Sharif has not accepted his resignation thus far.

Zahid Hamid is recognised for his ability to deal with documents. This quality has brought him closer to both Interior Minister Chaudhry Nisar Ali Khan and Finance Minister Ishaq Dar. According to insiders, the prime minister would take a decision after consulting these two key cabinet members.

Zahid Hamid is the younger brother of prominent legal expert Shahid Hamid, who has also served as Punjab governor. According to a government minister, Zahid Hamid will argue before the apex court that the law ministry had merely played the role of post office while processing summaries and orders related to the 2007 emergency and that no formal comments had been sought from the ministry in this regard.

Justice (retd) Abdul Hameed Dogar, while talking to The Express Tribune, said that he was considering challenging the decision which, he said, was being reviewed by his friends. Dogar is currently living in Islamabad.

Musharraf is still in trouble

Despite Friday’s decision of the special court, Musahrraf’s legal team’s worries are not over as the former military ruler is still the prime accused in the case, a member of his defence team said. The judgment has also exonerated Musharraf’s military aiders.

“We will convince the court to pass an order for fresh investigation against all military officials, who were part and parcel in every decision of Musharraf,” he added.

He said the court has already found investigation in the case faulty and inaccurate. “The prime minister also did not constitute a commission to oversee the investigation,” he added. When approached, Musharraf’s lead counsel Dr Farogh Naseem refused to comment on this judgment.


Published in The Express Tribune, November 23^rd, 2014.