The decision was announced by Justice Attar Minallah in response to petitions filed by former prime minister Shaukat Aziz, former Chief Justice Abdul Hameed Dogar and former law minister Zahid Hamid who had challenged the November 21 order to include their names in treason trial as abettors.
On November 21, the special court had accepted Musharraf’s plea, and had ordered for the inclusion of the names of the co-accused in the list of abettors.
The petitioner's counsels, in their respective application, maintained that under Section 342 of the Criminal Procedure Code, the accused has no right to ask for a joint trial with a co-accused, as it is only the right of the prosecution to decide who to prosecute.
They further stated that the application filed by Musharraf was based on assumptions, as there was no concrete evidence on record that concluded any other person had collaborated, aided or abetted Musharraf in imposing the state of emergency in 2007.
After hearing arguments from all parties, Justice Minallah restrained the special court from hearing the treason case and adjourned the matter till February 3. After the said date, the hearing of the case will take place on a daily basis.
Earlier, the government had suggested that Justice Minallah constitute a larger bench to hear petitions against the order of the special court in regard to implicating abettors in the treason case.
Additional attorney general Afnan Karim Kundi, representing the federal government, suggested that a larger bench of the IHC hear the case instead of a single-member bench, since the special court comprises three high court judges.
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@excalibur: Yes, when I read Justice Minallah's name, the first thing that came to my mind is what you have stated. That's such a mockery of justice. The first thing this fellow should have done is to recuse himself, since any orders he passes will be prejudicial.
Athar MinAllah is a known Musharraf hater and a stooge of Chaudhry Iftekhar
He should recuse himself from even hearing the case in the first place.
All thsoe are violators who joined hands and enabled Mr. Musharaf for rule. But hats off to the justice system, that they themselves evacuated the chief justice who cam into power under musharaf's oath, and now they try musharaf in court... Why not the ex-CJ tried for reasons behind his son's placement in govt coprs? for musharaf and all cases, our justice system shud change and bring jury, so ppl may decide who have a view ... a judiciary appointed by corrupt political parties is expected to be at wat place when it comes to mal practices. Only God knows.