LAHORE - Former president Pervez Musharraf will express no-confidence in Chief Justice Iftikhar Muhammad Chaudhry when a petition comes up for hearing before the Supreme Court to seek action against him under Article 6 of the Constitution on the charge of flouting the basic law, a leader of the ex- military ruler’s party said on Saturday.
Advocate Ahmed Raza Kasuri said in a Waqt News programme that Gen Musharraf would seek recusal of the chief justice from the bench because everyone knew that he was biased against the former president.
A three-judge bench is scheduled to take up on Monday (tomorrow) a petition moved by a Rawalpindi lawyer. Chief Justice Iftikhar Muhammad Chaudhry heads the bench.
According to Mr Kasuri, Gen Musharraf was not the ‘focus’ of the petition but was part of what he called collateral proceedings.
In this case, he said, the apex court could not give directions to the government to initiate proceedings against the former president.
Before appearing in the TV programme, Kasuri held a meeting with Gen Musharraf and reportedly discussed the implications of the petition and the strategy to deal with it.
Article 6 awards capital punishment to the accused.
Answering a question, Mr Kasuri said the court should summon all those, including Gen Kayani and other services chiefs, the chief ministers and the cabinet ministers who had approved the decision of then president Musharraf.
PML-N Information Secretary Senator Mushahidullah Khan said every political party should try to be party to the proceedings. However, he made it clear that his party had no thought so far whether to be a party to the case.
Asked about the expectations his party had from the Supreme Court in this case, the PML-N leader said the court should hold the former president accountable for the sake of the supremacy of law. A state where there is no rule of the law, he said, ceases to exist.
He said Gen Musharraf should be brought to justice on account of all his misdoings. He also alleged that it was the former president who had handed over Dr Afia Siddiqui to the United States, a charge Gen Musharraf vehemently denies. The general had said in a recent statement that anyone who had done so was a traitor.
Although Advocate Tauseef Asif, the petitioner, has affiliation with the Jamaat-i-Islami, he said no party was involved in this matter.
However, he claimed that lawyers of the PPP, the PML-N, the PML-Q and the PTI were supporting the petition.
He said everyone against whom evidence was available should be summoned by the court.
Senior Advocate Dr Abdul Basit, who had represented the PCO judges sacked by the Supreme Court, said in the programme that his petition for action against all those uniformed people who had enforced the unconstitutional order of Gen Musharraf was still pending.
He said the apex court had said that it would summon everyone, including the uniformed people.
Dr Basit said the Supreme Court had clearly said in its July 2009 verdict that no one should implement any unconstitutional order likely to be passed by then president Musharraf.
In response to a question, he said the initiative for action against Gen Musharraf should be taken by the Federation. In the petition against Gen Musharraf, he said, the apex court should be asked to order the Federation to do what it is required to do under the Constitution.
He said Gen Musharraf and all relevant uniformed people should be proceeded against.