ISLAMABAD - The Special Court Tuesday adjourned till March 25 the hearing of high treason case under Article 6 of the Constitution against former dictator General (retd) Pervez Musharraf.
The Special Court comprising Justice Tahira Safdar of Balochistan High Court, and Justice Yawar Ali of Lahore High Court was informed that the Islamabad High Court has still not decided the matter of other accused. Upon that the court adjourned the case till March 25.
The Special Court on November 21 had directed the federal government to submit amended or additional statement and the formal charges of ex-PM Shaukat Aziz, former law minister Zahid Hamid and Justice (retd) Abdul Hameed Dogar as co-accused in the high treason trial within fortnight.
Shaukat Aziz, Zahid Hamid, Abdul Hameed Dogar and former President Lahore High Court Bar Association, Rawalpindi bench, Taufiq Asif, had filed the petition under Article 199 against the November 21 order in Islamabad High Court, which had stayed the Special Court proceedings.
Justice Faisal Arab, who is now elevated to the post of Chief Justice of Sindh High Court, and Justice Tahira Safdar are in favour of inclusion of the then PM, Law Minister and CJP in the case, while Justice Yawar Ali of LHC differing with other two judges and penned down a five-page dissenting note.
The majority judgment states, "All the steps taken by the then Prime Minister and the ex-federal minister in the process of removal and appointment of superior courts' judges are to be regarded as 'an integrated whole constituting one offence."
On the other hand, Justice Yawar Ali wrote; "There is no evidence on the record to establish that any person rendered advice to applicant (Musharraf) within the ambit of Article 48 of the Constitution for imposition of emergency on 3rd November 2007." "No person can be summoned to face trial in a complaint unless requisite conditions under section 204 CrPc are fulfilled," he added.