September 23, 2010Print : Lahore
THE Lahore High Court on Wednesday sought assistance of the attorney general of Pakistan and advocate general of Punjab in two petitions seeking trial of former dictator Pervez Musharraf under Article 6 of the constitution and his extradition with the help of Interpol.
During the course of arguments by petitioner’s counsel, Justice Sh Azmat Saeed observed that prima facie the registration of a case of high treason under Article 6 of the constitution was jurisdiction of federal government as courts had no direct role in this aspect.
It will be appropriate to seek legal opinion of law officers on this point, the judge observed and issued notices to the attorney general and the advocate general for October 18.
First petition was filed by Aziz Ahmad Awan, secretary general of Tameer-e-Pakistan Party, through S N Khawar advocate, accusing Pervez Musharraf of subverting constitution more than once.
The petitioner said breaching the oath of an army general, Pervez Musharraf overthrew a constitutionally elected government in October 1999 and later on, through Nov 3, 2007 action, he again subverted the constitution and imposed emergency and issued the PCO and detained judges of the superior judiciary and disgraced them.
Not that but Musharraf also treated thousands of lawyers ruthlessly by putting then in jails and thrashing them in public, the petitioner said also accusing him (Musharraf) of masterminding killings in Karachi on May 12, 2007. The petitioner also seeks high treason action against Musharraf on account of killing of Nawab Akbar Bugti during his tenure and for ordering the authorities concerned to remove proofs relating to Benazir Bhutto’s murder. The petitioner also alleged Musharraf for Lal Masjid bloodbath and for forcing Pakistani nuclear scientist Dr Abdul Qadeer Khan to admit the offence which he never committed and bringing bad name to the country by that means.
He said Musharraf was responsible for sowing the seeds of terrorism and hatred in Pakistan in addition to causing serious harm to the Kashmir cause. That Musharraf halted all the four provincial high courts from functioning and destroyed economy of the country, causing increase in the prices of items of daily-use and giving the nation gift of load-shedding and inflation.
The petitioner prayed to the court to take cognisance of these offences and direct the Cabinet Division to seek extradition of Musharraf through Interpol as it was done in case of Hamesh Khan and put him to trial on high treason charges under article 6 of the constitution.
The second petition was filed by Ilam-ud-Din Ghazi who levelled 15 allegations of different nature against Musharraf.
He said that former army chief had sabotaged the constitution, violated his oath and dissolved the elected government without any cogent reason and only to save his skin and came in power illegally.
He submitted that Musharraf violated the constitution as judges of the Supreme Court and four High Courts were prevented from performing their judicial work and Chief Justice Iftikhar Muhammad Chaudhry was detained with his children.
The petitioner requested that the federal government might be directed to lodge a case against Musharraf under Article-6 of the constitution and bring him in the court to answer for his wrong doings.