Pervez Musharraf. PHOTO: REUTERS
The government itself is behind the writ petitions filed in the Islamabad High Court (IHC) against the three-judge Special Court’s November 21, 2014 judgment to try civilian abettors of former military ruler Pervez Musharraf, who is facing high treason charges for subverting the Constitution on November 3, 2007, The Express Tribune has learnt.
A single-judge bench of the IHC has restrained Justice Faisal Arab led Special Court from proceeding against the abettors till the judge discloses his mind on separate applications filed by former prime minister Shaukat Aziz, former chief justice Abdul Hameed Dogar and former law minister Zahid Hamid against the special court’s order.
A senior official of law ministry said it was the federal government, which advised the three civilian abettors to approach the IHC and file writ petitions.
He said the federal government decided neither to directly challenge the judgment nor to directly approach the apex court against the Special Court’s interim order as it would be easy to challenge the IHC judgment.
The official said through this litigation the government has succeeded in delaying the case for an indefinite time. “In case the IHC judgment is not in favour of the abettors, then they will be in a position to approach the apex court,” he said.
The official said the government, taking refuge behind the IHC’s restraining order that was also supported by the public attorney, did not initiate any fresh investigation against the three civilians, who were named as abettors of Musharraf by the Special Court.
“The federal government was advised by the ministry not to pursue this case actively, particularly in the prevailing situation when the main focus is on war against terrorism,” he said.
There is a possibility that the government will lift all restrictions on Musharraf, including restriction on travel abroad, by striking down his name from exit control list. It must be noted that Musharraf has recently requested the government to allow him to travel abroad.
“There is a sense of repentance on the part of the government to initiate this case during the first year of its tenure,” the official claimed.
Judicial commission meets
The federal government has another technical reason to prolong the case.
According to an official, Chief Justice of Pakistan Nasirul Mulk has summoned a meeting of the Judicial Commission of Pakistan on January 28 to deliberate on the elevation of Sindh High Court (SHC) Chief Justice Maqbool Baqar to the apex court, as well as appointment of Justice Faisal Arab, head of the Special Court, as the SHC’s new chief justice.
The federal government can delay the issue on the pretext of seeking legal opinion on how it can reconstitute the bench, he said.
The government was already pondering over an option to disband the special court after its ‘undesired’ decision to try abettors along with Musharraf in treason trial. However, a lawyer of Musharraf opined that the elevation of Justice Arab will not restrict him from hearing the treason case.
Published in The Express Tribune, January 29th, 2015.
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