Treason Case: SC demands Musharraf’s medical report | Pakistan Today

Treason Case: SC demands Musharraf’s medical report

The Special Court (SC) has ordered that medical report of former president Pervez Musharraf duly signed by the head of AFIC be presented before it today (Tuesday).
The court rejected plea taken by prosecutor Akram Sheikh for issuance of arrest warrants of Musharraf besides granting exemption to the former president from appearing before it today on medical grounds.
A three-member bench of the SC led by Justice Faisal Arab resumed the hearing of high treason case against Pervez Musharraf Monday.
Justice Faisal Arab inquired from Anwar Mansoor, counsel for Pervez Musharraf,“Where is Pervez Musharraf? A clear statement in respect of Pervez Musharraf be presented before the court that he is coming to court or not”.
Anwar Mansoor told the court he could not get information in this regard, therefore he could not give a clear statement.
Sharifud Din Pirzada, counsel for Musharraf, told the court that former president was sick and was undergoing treatment in AFIC, therefore, he could not appear in the court due to this reason.
Prosecutor Akram Sheikh gave arguments on the constitution of court, selection of judges and appointment of the prosecutor.
He argued Musharraf’s counsels petitions on this count have been dismissed by the high court and intra-court appeals are pending hearing against these decisions.
Ahmad Raza Kasuri told the court, “Akram Sheikh gives statement on TV and travels with government functionaries. Such a person should not be the prosecutor in this case because he is seen addressing Nawaz Sharif while he is present in the court”.
Anwar Mansoor, argued that separate law is there for the SC, while hearing the criminal cases does not fall in the jurisdiction of the SC. Order for arrest of the accused is also issued under criminal laws. This high treason case which pertains to Article 6 of the Constitution is a criminal case. But the SC can neither hear criminal cases nor can it issue orders for arrest of the accused, he argued.
Akram Sheikh, while opposing Anwar Mansoor’s arguments, took the plea that Article 199 of the Constitution and Islamabad High Court (IHC) decision will have to be looked into in this regard, as IHC has struck down the petition against the constitution of the SC. Pervez Musharraf’s lawyers filed petitions in different courts including IHC challenging the appointment of the judges of the SC, mode of hearing, limitations of the SC, appointment of prosecutor in different courts including IHC and most of them have been dismissed. They have filed intra-court appeals against this decision in IHC which are pending hearing.
Citing to different verdicts of high courts and the supreme court on jurisdiction of the special court, Akram Sheikh argued that it was not written anywhere that the special court could not hear this case. The special court can hear the cases pertaining to Articles 121, 121-A, 122, 123, 123-A and high treason cases.
Justice Faisal Arab inquired if this court can refer this case to some other forum. Akram Sheikh said the SC will conduct full hearing of this case. Establishment of SC is must to hear this case. Such court should comprise of three judges of the high court and the senior-most judge should be head of this court.
He prayed the court that hearing of this case should not be allowed to prolong too much and instead should be completed within 8 to 10 hearings at most.
He alleged that Pervez Musharraf is not sick and instead he has taken refuge in a military hospital and he does not want to become part of the proceedings of this case deliberately.
Ahmad Raza Kasuri arugued that Akram Sheikh was leveling charges unjustly and that the entire world knew that his client was sick and under treatment at present.
The lawyers of the prosecution and defence exchanged bitter words on this.
Justice Faisal Arab, while interfering remarked that the court is not an assembly where the lawyers target each other with allegations The decorum of the court must be observed, he further said.
Akram Sheikh prayed the court that Musharraf, on account of not appearing before the court deliberately, be arrested and his warrants be issued in this regard.
Musharraf counsel’s took the plea that their client was seriously sick, therefore, he be exempted from attendance in the court.
The court granted exemption to Musharraf for appearance before it for one day more and adjourned the hearing till today.
The court directed Musharraf’s counsels to present the former president’s medical report duly signed by the head of AFIC before it till 1130 hours today.

IHC DISPOSES OFF PETITION TO KEEP MUSH IN COUNTRY:

Islamabad High Court (IHC) disposed off the petition filed to restrain the former president from going abroad.
The petition was filed by Lal Masjid Martyers Foundation. On Monday, the counsel of the petitioner, Tariq Asad appeared before the court and argued that several cases against Pervez Musharraf are under hearing in the court so he should be restrained from going abroad.
He said, “Hussain Haqqani was the central accused in memo gate scandal, Supreme Court (SC) had conditionally allowed him to go abroad, but now he is not appearing in the court despite of court orders”.
The petitioner argued if Pervez Musharraf goes abroad similarly, he will also not appear again, so court should keep his name in Exit Control List (ECL).
On this, Justice of IHC Shaukat Aziz Siddiqui, said that the petitioner should approach the courts which granted bail to the former president and that it was the authority of the IHC to include or exclude a person’s name for ECL.
He further said the IHC can not intervene in the jurisdiction of the Supreme Court, however it is the responsibility of the courts which granted the former president bail, that they make sure his presence in the court in the remaining cases.



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One Comment;

  1. khalidmurad1 said:

    The funniest and most tragic part is that the humiliation of ex Pakistan Army Chief in the name of "Ghaddari” is being enjoyed equally by the Indian Hindus and Pakistani politicians and judges. Should we, the general public take it that Pakistan Army Chief did Ghaddari with Indian Hindus, Pakistani politicians and judges equally?
    That means that all those politicians and judges, who are known for looting and plundering Pakistan and taking away or investing that looted wealth in India, Saudi Arab, UK, France and Taiwan are all loyalist and true patriots. Then why we, the general public should not become patriots similar to our politicians and judges.
    Secondly, a court formed by two aggrieved parties, i.e. Nawaz Sharif and Ch. Iftekhar with the judges who are also aggrieved specially this chap Arab, is looking biased and revengeful to common people like us, then why this is not being observed by the other judges who are claiming to provide justice through this Kangaroo Court?
    Prosecutor Akram Sheikh has made heroes out of terrorists hidden in Lal Masjid and made "Shuhada Foundation", who challenged government writ and were taken to task on public demand. Then where do those soldiers of Rangers, Police and Army stand, who were killed by those terrorists? Should we say that all those soldiers who died at the hands of occupants of Lal Masjid were "Kafirs" and what all was done by those terrorists of Lal Masjid was done on the instructions of Akram Sheikh?
    What a Court? What a Trial? What a Prosecution? What a Constitution? What a "Democracy"?

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