IHC asked to remove terrorism charges, nullify arrest warrants for Musharraf

ISLAMABAD: Two petitions have been filed with the Islamabad High Court (IHC), one for removing terrorism charges against former president and military dictator General (R) Pervez Musharraf in judges’ detention case and another for quashing his perpetual arrest warrants in Ghazi Abdur Rasheed murder case.

Two applications filed by Musharraf's former legal counsel Akhtar Shah advocate. A division bench comprising Justice Athar Minallah and Justice Mohsin Akhtar Kayani reserved judgment regarding maintainability of the first mentioned application that is regarding removal of terrorism charges in judges’ detention case.

The petitioner Akhtar Shah has challenged invoking of Anti Terrorism Act (ATA), 1997 against General Musharraf in judges detention case. This case was registered against Musharraf for putting 60 judges of the superior courts under house arrest after proclamation of November 3, 2007 emergency.

The case was registered under sections of Pakistan Penal Code (PPC) but an IHC bench comprising Justice Shaukat Aziz Siddiqui while hearing pre-arrest bail application of Musharraf had directed Secretariat Police Station to book the accused under ATA.

Petitioner has maintained in the petition that there was no evidence against Musharraf with the prosecution for inserting ATA charges against him.

He has prayed to the court to either quash the entire proceedings or remove the terrorism charges against the former president and remand the case to any sessions judge. In second case, the same petitioner has been seeking from the court against an order of a trial court that declared Musharraf an absconder and issued his perpetual warrants of arrest in Ghazi Abdur Rasheed murder case of Lal Masjid.

Petitioner contended that Ghazi Rasheed was murdered in a military operation of 2007, therefore, under Article 245 of the Constitution, such matters could not be heard in the courts. Petitioner maintained that the military “acts in aid of civil power when called upon to do so.”

Further, the prosecution did not obtain mandatory approval from the government before filing formal complaint against Musharraf. Petitioner prayed to the court to quash the proceeding against Musharraf in this particular case.

Justice Aamer Farooq of the IHC while hearing in this matter directed the petitioner to argue that whether any counsel could plead a case of fugitive of law. The petitioner then sought some time for arguments. At this court put off hearing till first week of April.