ISLAMABAD: Chief Justice of Pakistan Justice Mian Saqib Nisar on Thursday directed former president General (r) Pervez Musharraf to record his statement under Section 342 of the criminal procedure code in the treason case against him.
The chief justice’s remarks came as he headed a bench hearing the case related to National Reconciliation Ordinance (NRO) passed by Musharraf in 2007.
As the hearing went underway, Musharraf’s counsel Akhtar Shah submitted a reply regarding the former president’s return to the country and said, “I request the bench to keep my client’s illness confidential.”
Justice Nisar remarked, “There are people present in the country who are suffering with this disease.”
Musharraf’s counsel said: “If it is necessary for Musharraf to return then he should be allowed to visit a doctor and his name should not be placed on the Exit Control List (ECL).”
To this, the chief justice said, “Let Musharraf return to Pakistan, no one will arrest him but I cannot say anything regarding the removal of his name from the ECL.”
“He should record his statement under Section 342 in the treason case,” Justice Nisar said, adding that “Dubai is not the best place for treatment and there are good doctors in Pakistan”.
Musharraf’s counsel then told the court that the former president left the country after permission from the government. The chief justice, however, said, “We are saying it again, we did not grant permission to Musharraf.”
Further, he added, “We cannot put anyone’s life at risk. Musharraf should come record his statement and whenever he wants to leave for treatment he can.”
Nominating Musharraf, Zardari and Qayyum as respondents, petitioner Feroz Shah Gilani had requested the court in April to order recovery of ‘huge amounts of public money’ misappropriated and wasted by them through unlawful means ‘already on record in different judgments of the Supreme Court and high court’.
He had contended that Musharraf subverted the constitution by declaring emergency followed by the promulgation of the NRO, through which criminal and corruption cases against politicians were “arbitrarily withdrawn”.
TLP’s registration as political party comes into question
The Supreme Court on Thursday raised questions on Tehreek-e-Labbaik’s (TLP) registration as a political party.
A two-judge apex court bench headed by Justice Mushir Alam also issued a notice to the attorney general of Pakistan (AGP) and the Election Commission of Pakistan (ECP) regarding the TLP’s registration.
Justice Qazi asked over what grounds was TLP registered under the 2002 political party order and asked the AGP whether the new government had a similar stance on the Faizabad sit-in as the previous PML-N-led government. The hearing of the case was adjourned until the second week of November.
In November 2017, the TLP held a 21-day-long sit-in at Islamabad’s Faizabad Interchange. The government was forced to accept the protestor’s demands after a government operation to break up the sit-in went awry and sparked violent protests across the country. The demands included the resignation of former law minister Zahid Hamid.
Top judge takes notice of ‘encroachments’ in Kalash
Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Thursday took notice of alleged illegal encroachment over the property belonging to Kalash tribe.
Justice Nisar took the notice on an application of Kalash tribesmen.
The chief justice fixed the matter in the court on Wednesday next with notice to Islamabad advocate general, Khyber Pakhtunkhwa chief secretary, inspector general, and Chitral deputy commissioner to appear before the court.
“The Kalash tribe occupies common pasture and some land,” the petition stated, adding that “Maqsoodul Mulk wanted to snatch the property belonging to the Kalash tribe”.
Previously, a similar petition was also filed at the Peshawar High Court in this regard. Kalashi people, Pakistan’s smallest religious minority, speak their own language and celebrate their rituals through music and dance.
Published in Daily Times, September 12th 2018.