ISLAMABAD - The Special Court, constituted for the high treason trial of General (retd) Pervez Musharraf, has questioned why the federal government has so far not filed the complaint against the collaborators and abettors.
Justice Faisal Arab presiding over the two-judge bench yesterday resumed the hearing under Article 6 of the Constitution against former president of Pakistan and chief of army staff after ten months.
Justice Arab said in the last ten months they had not heard the case as they wanted to hear this case along with three abettors and collaborators .
The Special Court on 21st November 2014 had directed the federal government to submit its amended or additional statement and the formal charges against ex-PM Shaukat Aziz, former law minister Zahid Hamid and Abdul Hameed Dogar, the then chief justice, as co-accused in the high treason trial within a fortnight.
The federation, however, has not proceeded against the collaborators . Justice Arab inquired from the prosecutor why the federation had not so far registered the case against other three accused. The prosecutor said the federation had given a statement in the Islamabad High Court that it was ready to amend the complaint.
The role of ex-PM and former law minister falls within the ambit of the third charge, listed in the Statement of Charges filed by the federation, as according to the summary dated 3rd November 2007 they sat down on that very evening to process the removal of the then serving CJP (Justice Iftikhar Muhammad Chaudhry) and appointment of his successor, the judgment added.
During the proceeding, Musharraf’s counsel told that the Islamabad High Court had reserved the judgment on the pleas of the then chief justice, former prime minister and ex-law minister.
The IHC on October 19, 2015 had reserved judgment to nominate former prime minister, ex-chief justice and the then law minister as collaborators in the high treason case.
The federation counsel stated that they were ready to investigate the three persons who collaborated with Musharraf in imposing the state of emergency and Provisional Constitutional Order in the country on 3rd November 2007.
The Islamabad High Court on 23rd December 2014 halted the proceedings in high treason case on the writ petitions of ex-PM Shaukat Aziz, former law minister Zahid Hamid and Justice (retd) Abdul Hameed Dogar.
However, a division bench of IHC on July 8 hearing former President of Lahore High Court Bar Association, Rawalpindi bench, Taufiq Asif’s petition had made it clear that the court had not restrained the Special Court from proceeding against former president Pervez Musharraf. The IHC in its short order said: “As no stay granted therefore it is the prerogative of the Special Court to continue the trial of Musharraf.”
Musharraf’s lawyer filed an application in the Special Court on Tuesday with the request to discharge the surety bonds of Rs2.5 million as the former general had appeared before the Special Court. Justice Arab said if the surety bonds are disposed of then Musharraf again has to apply for the bail. The hearing was adjourned till November 27.