High treason trial : Govt seeks ‘reasonable time’ to add names of abettors

Says it is analysing the Special Court’s November 21 verdict

ISLAMABAD:

Federal government on Thursday filed a petition in Special Court seeking ‘reasonable time’ to implement court’s November 21 order in high treason trial against former president General (retd) Pervez Musharraf.

As the three judge-bench of the special court, headed by Justice Faisal Arab, is set to resume hearing of high treason case against Musharraf on December 9, the government has moved a short application through its prosecution team regarding the adjournment of high treason case against former military ruler Musharraf.



According to the application, the government is seeking ‘reasonable time’ from the court to include the names of former prime minister Shaukat Aziz, ex-minister Zahid Hamid and former chief justice Abdul Hameed Dogar in the charge-sheet.

The government submitted that the law ministry is analysing the Special Court’s verdict and examining its legal and constitutional aspects, therefore reasonable time is required.

A member of prosecution team said that they will request the Special Court to adjourn the case for two weeks. He also admitted that the government is still indecisive about its future course of action in the case.

Another official stated that the prosecution team headed by Akram Sheikh has suggested the government to challenge the special court’s order.

Moreover, he said that the prosecution team was reluctant to pursue other abettors in this matter, adding that the prosecution team believes that the government should also take the burden of this case.

The official further said that the government is weighing four options in this case.



First option is to file reference under Article 186 of the Constitution to seek the top court’s opinion regarding the inclusion of Musharraf’s abettors. Second is to file a writ petition in the Islamabad High Court against the special court’s order. Thirdly, the government could file an appeal in the apex court against the November 21 verdict. Lastly, to comply with the court’s order in letter and spirit because aggrieved parties are themselves challenging the court verdict.

Zahid Hamid has consulted Khawaja Haris, Abdul Hameed Dogar is consulting Malik Qayyum and Shaukat Aziz has already hired Wasim Sajjad in this matter.

IHC seeks attorney general’s opinion

Meanwhile, Islamabad High Court (IHC) issued a notice to attorney general seeking his reply over a petition which challenged the November 21 decision of the special court to include abettors in treason case against former President General (retd) Pervez Musharraf.

Justice Athar Minullah asked attorney general to reply in a week whether the petition is maintainable. The petition was filed by Taufiq Asif, former president of the Lahore High Court Bar Association’s Rawalpindi chapter, against the order of the three-judge of special court to include alleged co-conspirators in  treason trial against Musharraf.

When Justice Minullah resumed hearing of the case, the petitioner requested the court to suspend the Nov 21 order as Musharraf’s trial should be completed and co-accused may be dealt with separately.

“Musharraf’s trial should be completed as prosecution has submitted evidence against him,” Justice Minullah said. However, he questioned the choice of apex court to challenge the decision, arguing special court has similar status to that of high court and the decision cannot be challenged there. The court while directing attorney general to give his reply adjourned the matter till next week.

Published in The Express Tribune, December 5^th, 2014.