Musharraf case: Bodies did hang for breaching constitution, says CJ

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Asif Seed Khosa on Monday said that they cannot allow an accused to make the court and law hostage, using his own will.

The chief justice said the accused in treason case has been deliberately avoiding appearing before the trial court but now no one will be allowed to make the law hostage.

A three-member bench of the apex court headed by Chief Justice Asif Saeed Khosa heard a petition filed by Taufeeq Asif, ex-president of the Lahore High Court's Rawalpindi bench's bar association, against halting of proceedings of the treason case against former military ruler Pervez Musharraf.

During the hearing, the chief justice referred to the punishment given to dictator Oliver Cromwell whose skeleton was hanged after his death. The chief justice observed that an accused is deliberately not appearing before the trial court then questioned if the court is helpless.

"If the law is silent in this situation then the Constitution has empowered the apex court to invoke Article 187," the CJP remarked.

Petitioner Taufeeq Asif told the court that the accused has been playing delaying tactics with the court and dancing in functions abroad but avoiding appearing before the court saying he is ill. He further said that Musharraf has been giving statements to the press besides talking to his counsel. He further said Musharraf is considering himself as very powerful man and not complying with the court’s order.

The CJP however said that except Almighty Allah, no one is powerful before the court.

Salman Safdar, counsel for Musharraf, told the court that his client left the country with the permission of government. At this, the chief justice said the government may have its own priorities, but the apex court’s priority is only the supremacy of the law in the country. The Justice Khosa said that recently the accused has given statements during Pak-India tension.

The counsel for Musharraf said that his client is severely suffering from cardiac almydosis (freezing of heart muscles). He said that recently he tried to contact him on Skype, but Musharraf could not talk as he could not focus on the memory.

At the outset of hearing, the court first provided Musharraf three options to choose from in order for the trial of the high treason case to move forward. The court observed that Musharraf should either come to court on the next hearing (March 28) or record his statement via video link, or allow his lawyer to answer the questions on his behalf.

The court then asked the prosecution and counsel for Musharraf to sort out the way as to what could be done and inform the bench after interval. The court ruled that it would intervene if the special court hearing the high treason case, in its next hearing, fails to make a decision on how to record Musharraf's statement.

Later on, both the parties came with consensus that the special court, which is hearing the matter, be allowed to decide upon the matter itself as it will be hearing the case on March 28. The counsel for Musharraf told the court that he may be allowed to develop contacts with his client for seeking fresh instructions.

Meanwhile, the court adjourned the hearing until April 1 with the ruling that it is expecting that the special court will decide the matter for further proceeding.

The court ruled that if the trial court could not decide the matter then apex court will resolve the matter on April 1. The court also announced that one of its member Justice Yahya Afridi has recused from the bench and will not be part of the bench in future.

It is to recall that Justice Yahya Afridi before elevation to the Supreme Court had also headed the special court, hearing treason case against Musharraf. The court in its order noted down that the registrar of the special court has submitted a report and stated that the special court has fixed the matter on March 28.

Earlier, during the hearing, Dr Tariq Hassan along with other prosecution team members said the court also has the option of sending a commission to question the former president. The chief justice however in a light tone said the accused (Musharraf) will reach the hospital before the commission gets to him.

To a court query, Deputy Attorney General Sajid Ilyas Bhatti informed the court that the government had previously tried to bring Musharraf back to the country through extradition and Interpol but was unable to succeed on both occasions. The CJP observed that he is not surprised on this as usually foreign governments do not repatriate those persons who are likely to be awarded death sentence in a case.