ISLAMABAD: The Islamabad High Court (IHC) on Wednesday barred a special court from announcing its verdict in the long-drawn high treason case against former president General (r) Pervez Musharraf, later special court announced and ordered Pervez Musharraf to record his statement by December 5.
A three-member larger bench comprising IHC Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani issued the directives during hearing of a petition filed by the interior ministry, which had requested the court to set aside the special court’s decision to announce its judgment in the high treason case on Nov 28. The larger bench accepted the ministry’s petition and issued orders to the special court subsequently. However, another similar petition filed by Musharraf was disposed of.
“For reasons to be recorded later, we allow writ petition filed by the Ministry of Interior,” the court said in its short order, setting aside the special court’s November 19 decision to reserve its judgment in the case.
In its order, the IHC has directed the federal government to notify a new prosecutor or a team of prosecution in the treason case by December 5. Besides this, the special court has been ordered to fix a date ‘for affording a reasonable opportunity of hearing’ to the notified prosecutor or prosecution team as well as the counsel appointed for Musharraf. According to the short order, the special court is also expected to take into consideration the grounds raised in an application filed by Musharraf seeking his acquittal in the high treason case. “The learned special court is expected to conclude the proceedings expeditiously having the cardinal principles of fair trial,” the order reads.
The IHC also allowed Musharraf’s counsel Barrister Salman Safdar to assist the counsel appointed for the former military ruler during the hearing if he wishes so.
During the course of the hearing, the three-member bench asked Musharraf’s lawyer Salman Safdar to sit down as they were going to first hear the petition filed by the interior ministry.
While asking Additional Attorney General (AAG) Sajid Ilyas Bhatti, Justice Minallah said, “Is there an official notification about the formation of the special court?” To which, the AAG responded in the affirmative. The chief justice also expressed annoyance over non-appearance of Law Secretary Khashih-ur-Rehman and directed for his appearance within half an hour along with the required record.
In compliance, the secretary arrived within the given time and appeared before the bench.
“This is your attitude. The case starts at 12:30pm and you arrive at 1:30pm,” remarked Justice Farooq. Justice Minallah said as per the record, the special court had been formed correctly and enquired why the interior ministry had written that it was formed incorrectly in its petition. “Our case is that the prosecution team that presented the final arguments is not legal,” responded AAG Bhatti. “You made a mistake and you will fix it. So what should we do?” asked Justice Farooq, adding, “You didn’t tell the special court all of this. Now that the verdict is about to be announced, you’ve come here.”
The special court had on November 19 concluded the trial proceedings in the high treason case against Musharraf for declaring a state of emergency on November 3, 2007, and had ruled that a verdict would be announced on November 28 (today) on the basis of the available record.
The high treason trial of the former military dictator for clamping the state of emergency on November 3, 2007, filed during the PML-N government, has been pending since 2013. Musharraf was booked in the treason case in December 2013. He was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 with the nod of superior courts as well as the interior ministry. Since then, Musharraf has been an absconder in the case.