Islamabad - An additional district and sessions judge Tuesday recused himself from the hearing of an application seeking court’s directions for registration of second FIR (first information report) against former president Pervez Musharraf and others for launching Lal Masjid operation.

Additional District and Sessions Judge Wajid Ali Khan conducted the hearing of this matter and excused himself from hearing the application, saying that he was already hearing an application of similar issue. Then, he sent the application to district sessions judge who would conduct the hearing in this connection on October 23.

In the beginning of the hearing, the judge directed Malik Abdul Haq Advocate, the counsel for the plaintiff, to argue on the point whether the judge could hear this matter or not since he was already hearing Ghazi Abdul Rashid murder case against Musharraf.

At this juncture, the counsel argued that there was no such binding on the judge legally and constitutionally which barred him from hearing this particular case. He added that the learned judge could hear the case as justice of peace.

Later, the judge announced his verdict in this connection and sent the matter to district sessions judge after excusing himself from the hearing of this application.

Previously, the SHO Aabpara in his report contended before the court that an FIR had already been registered with the police in this matter and another FIR of the same matter could not be registered. He said that first FIR was registered on the complaint of Ghazi Abdul Rashid and former President Pervez Musharraf was nominated as main accused in the FIR.

The SHO added that Shehbaz Qureshi, son of Jam Muhammad Qureshi, who is the plaintiff of the present application, had already recorded his statement in the first FIR. Therefore, he was of the view that there was no need of registration of second FIR against Musharraf in the same matter.

Malik Abdul Haq Advocate, the counsel for the petitioner Jan Muhammad Qureshi, the father of Shehzad Qureshi who was killed in Lal Masjid operation in July 2007, argued before the court that the report of SHO was based on mala fide intentions.

He maintained that Haroon Rashid got registered first FIR against Musharraf for killing his father and grandmother while Shuhada Foundation of Pakistan (SFP) had submitted the application for registration of second FIR for the murder of all the people who were killed in the operation.

In this matter, Jan Muhammad Qureshi on behalf of Shuhada Foundation of Pakistan had moved the petition in the court under section 22-A through his counsel Malik Abdul Haq Advocate and made SHO Aabpara as respondent. He contended that a large number of innocent students including his son were killed in the operation. In this connection, the plaintiff submitted an application with the PS Aabpara but the police did not register the case. Therefore, he prayed to the court to direct the SHO for registration of second FIR in the matter against the people nominated in the application.

The applicant has nominated former President Pervez Musharraf, former PM Shaukat Aziz, President Pakistan Muslim League (Quaid) Chaudhary Shujat Hussain, former CM Punjab Chaudhary Pervez Elahi, former Railways Minister Sheikh Rashid Ahmed, former Religious Minister Ejaz-ul-Haq, former Interior Minister Aftab Sherpao, former Information Minister Muhammad Ali Durrani, former minister Faisal Saleh Hayat, Khurshid Qasuri, former state minister Tariq Azeem, former Secretary Interior Kamal Shah, former Chairman CDA Syed Kamran Lashari, former Director Crisis Management Cell Javed Iqbal Cheema, former Commissioner Islamabad Chaudhary Khalid Pervez and some other members of federal cabinet of 2007 in his application submitted with the police station.

He requested in the application for registration of a case against the nominated people under sections of murder, attempt to murder, blasphemy of Quran and Hadith and terrorism.