Supreme Court Justice Jawwad S Khawaja on Thursday remarked that the era of kangaroo courts was over and time had come for truth and constitution to reign supreme.
“There were several kangaroo courts in the country but there time is over now. Time has come that truth and constitution reign supreme. We will interpret Article 6 of the constitution for the sake of defence of the constitution. Movement forward is real and appreciable. Nothing was done during the previous regimes and six years lapsed this way,” he said this while presiding over a three-member bench of SC during the course of hearing of high treason case against former president Pervez Musharraf.
Justice Khilji Arif Hussain remarked, “Open investigation into November 3 steps should be conducted. Maybe the November 3 steps fall in the ambit of high treason.”
Justice Ejaz Afzal observed, “It is not an ordinary criminal case. We cannot issue orders for arrest of Musharraf before the complaint is registered by the complainant. It is not a private but a complaint from the state. The state can take into custody Musharraf if it wills. Proceedings be initiated against the accused as per prevailing law of land. Musharraf is a citizen of this country and it is our responsibility to safeguard his rights.”
Counsel for Musharraf, Ibrahim Satti, said he expected no justice from the incumbent executive and judiciary.
“Munir A Malik, who was leader of the lawyers’ movement during the judiciary crisis is now the attorney general (AG). The chief executive of the country is affected by October 12 steps. Who will administer justice in this situation?”
The court said ends of justice would be met for the sake of supremacy of law and constitution. “Injustice would not be done with any one. We are ready to initiate proceedings the way you want.”
Satti said the SC’s name should not come anywhere in his client’s case, otherwise the trial being conducted against him would be influenced.
In the federation’s reply, it was stated that the prime minister has directed the interior secretary and FIA DG to constitute a team to investigate and collect the evidence.
“Persons of good repute should be made part of this team. A commission be also constituted to monitor the inquiry. Interior secretary will register complaint with special court to be constituted under 1976 Act after the evidence is collected.”
Hamid Khan demanded time frame from the federation. The AG held out full assurance to the court about the government’s steps.
The court reserved its judgment after hearing the arguments from all parties and would announce at any opportune time.
The hearing of the case was adjourned for an indefinite period.