High treason case against Musharraf: Bench breaks after one judge recuses

ISLAMABAD: The Special Court hearing a high treason case against former military ruler General (retd) Pervez Musharaf was abolished on Thursday after Chief Justice of the Peshawar High Court, Justice Yahya Afridi, recused from heading the bench.

A three-member bench of the Special Court, headed by PHC Chief Justice Yahya Afridi, was expected to resume hearing on the Federation’s complaint seeking initiation of high treason proceedings against the former president for imposing an emergency rule on November 3, 2007, could not conduct the hearing.

After the recusal of Justice Yahya Afridi from hearing the high treason case against former military ruler, the Chief Justice of Pakistan, Justice Mian Saqib Nisar, will now constitute a new bench for the matter.

The PHC chief justice recused himself from the bench after Musharraf's lawyer objected to his inclusion, saying Justice Afridi was former chief justice Iftikhar Chaudhry’s lawyer. Other members of the bench include Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali, the Chief Justice of the Lahore High Court.

The bench deliberated on the matter in the chamber after which Justice Afridi recused himself. However, in his order, he observed that the counsel's objections are factually incorrect. He explained that he had never been former Chief Justice Chaudhry's counsel but was indeed a co-petitioner in the case against Musharraf's Nov 3, 2007, emergency.

The accused former president Pervez Musharaf had filed an application, contending the learned presiding officer of the Special Court Justice Yahya Afridi may recuse himself from conducting this trial and the order dated March 8, 2018, may be recalled.

According to the order, announced by the registrar of the Special Court, the main thrust of the accused-respondent is that one of us (Justice Yahya Afridi) was a counsel of Justice (retd) Iftikhar Muhammad Chaudhry, in his petition before the apex court, wherein, he had challenged the actions of present accused-respondent dated 3rd November 2007 and thus alleging bias.

This assertion of the accused is factually not correct and Justice Yahya Afridi has never been a counsel holding the brief on behalf of Justice (retd) Ifthikhar Muhammad Chaudhry, says the order of the court, adding that in fact, Justice Yahya Afridi, then an advocate of the Supreme Court, had challenged the action of 3rd November 2007 taken by the accused-respondent, as a co-petition before the apex court.

"Lest this court passes any finding on the other assertions made in the petition, and in particular, the order passed by this court on March 8, 2018, which had been sought to be recalled through an application, so as to prejudice the contesting claims of the parties, suffice it to state that the main prayer of the accused respondent is hit by the principle of waiver,” the order further reads.

In order to ensure complete impartiality and upholding the principle of natural justice and fair trial, Justice Yahya Afridi has decided to recuse himself from hearing the instant case, the order concluded.

On March 8, 2108, Justice Yahya Afridi, while heading the special court hearing the high treason case against former president General (retd) Pervez Musharraf, had directed the Ministry of Interior to take effective measures for arresting the accused besides confiscating his properties.

The court had observed that it was the responsibility of the complainant (Federal Government) to bring back the accused as he had been declared an absconder besides his arrest warrants had already been issued. Justice Yahya Afridi had observed that the Interpol could be contacted for his arrest as his arrest warrant had already been issued.