Mush wants his plea heard by IHC

ISLAMABAD – The Supreme Court has been pleaded to direct the Islamabad High Court to hear a criminal case against former president Gen (retd) Pervez Musharraf.

Ex-Service Men Legal Forum convener and senior lawyer Col (retd) Inamur Rahim has written a letter to the Chief Justice of Pakistan, seeking directives for the IHC to resume hearing in a case filed in 2014 against the former president for abrogating the Constitution and in the high treason case.

The applicant has said that on April 2 and 10, 2014, he had filed a complaint/reference in the National Accountability Bureau for initiating criminal proceedings against the former dictator. However, the then NAB chairmen regretted to initiate any action against Musharraf and asked him to approach the General Headquarters.

Col (retd) Inam said that after Gen Musharraf retired from the army, he filed an application in IHC on January 8, 2014. The IHC heard the writ petition on January 15, 2014, and sought para-wise comments from the accused.

The applicant said that the former dictator twice abrogated the Constitution and he was also charge-sheeted by a special court in the high treason case. However, Gen (retd) Musharraf went abroad for treatment of his backache and never come back, resultantly, he was declared a fugitive. The applicant said that Gen (retd) Musharraf was also declared a proclaimed offender in the former prime minister Benazir Bhutto murder case and the Lal Masjid operation case.

Col (retd) Inam said that on October 11, 17, Justice (retd) Javed Iqbal, the then chairman of Inquiry Commission on Missing Persons, while appearing before the Senate Standing Committee on Human Rights stated that Gen (retd) Musharraf handed over 4,000 people to a foreign country and nobody questioned him.

He said that all these facts were before the apex court and despite that he was allowed to go abroad. He said that on the contrary, an elected prime minister was disqualified and he was appearing before the court to face cases. “But the retired general, who has abrogated the Constitution, illegally detained judges of superior courts, brought terrorism to Pakistan and created a gulf between the people and the army is sitting abroad,” the applicant said.

He said that the Constitution calls for equality before the law. The applicant said that the elected PM was facing a reference in an accountability court and the apex court has appointed a monitoring judge to supervise the proceedings, while Musharraf against whom several criminal cases including the high treason were pending against him, no action has been taken against him on his petition.

The applicant has contended that on October 26, the IHC registrar had fixed his petition for hearing for November 30, but it was adjourned without hearing.

The applicant said that Gen (retd) Musharraf was enjoying dance parties in Dubai and making fun of the judicial system, resultantly the public in general and the legal fraternity, in particular, was losing faith in the rule of law.



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