Musharraf high treason case: IHC bars special court from announcing verdict

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday barred the special court from announcing its verdict in the high treason case against former president Pervez Musharraf.

The court directed the special court hearing the Musharraf case to admit the arguments of all parties in the case before announcing the ruling. The IHC also asked the special court to ensure a fair trial in the case. A three-member bench of the IHC, headed by Chief Justice Athar Minallah, Justice Amir Farooq and Justice Mohsin Akhtar Kiani, heard the petition of the Interior Ministry to stop the special court from announcing its verdict in treason case against Pervez Musharraf today (Thursday).

During the hearing, Justice Athar Minallah asked about the notification regarding formulation of special court from Additional Attorney General Sajid Ilyas Bhatti and sought complete record from Law Secretary Muhammad Khashihur Rehman. Sajid Ilyas Bhatti told that the notification copy was available with record and pleaded that the special court had not completed the legal procedure. He said final arguments were still pending in the case.

Sajid Ilyas Bhatti represented the government in the court. Musharraf was represented by lawyer Salman Safdar. Justice Athar Minallah first addressed the additional attorney-general in his remarks. The court also expressed displeasure over the absence of Law Secretary Khashihur Rehman from proceedings. However, upon a second summon to appear in the court, the law secretary arrived in court at around 1:30pm. The court reprimanded the bureaucrat for being late.

Justice Athar Minallah remarked that the court was hearing the case of a man who attacked the judiciary. “He has been declared proclaimed offender, we have to fulfill the requirements of his fair trial,” he said, adding the complainant himself is saying that the complaint is wrong. He said the Federation should withdraw the complaint as complainant. Justice Athar Minallah asked why the Interior Ministry has written that the special court was formed incorrectly whereas according to the record the court was formed correctly. The AAG relied that the prosecution team that presented the final arguments was not legal. “You made a mistake and you will fix it. What should we do in this regard?” remarked Justice Aamir Farooq.

Justice Mohsin Akhtar Kiyani remarked that after years has the government now come to know that federal government's complaint was not correct. “If it’s like this, then take your complaint back. Go and give the statement that we are withdrawing the petition against Pervez Musharraf. Why are you here in the court,” Justice Mohsin Akhtar said. He further remarked that if someone is admitting a mistake then that must be shared with the relevant tribunal. The AAG replied that the complaint was submitted by the secretary interior. “You are saying that the treason case application and its trial forum were wrong. We should correct your mistake,” Justice Athar Minallah remarked. “You should say that case against Pervez Musharraf should be dropped,” Justice Mohsin Akhtar remarked. He asked if the federal government doesn’t want to try Musharraf.

Justice Aamir Farooq inquired that after the resignation of the head of prosecution team the federal government didn’t appoint anyone else. He said the head of the prosecution team was not appointed for the last one year.

Justice Mohsin Akhtar remarked that it means mean the government didn’t want Musharraf's trial to go ahead. He further remarked that the notification issued by the Law Ministry issued is incorrect and the nation has to bear the burden for such mistakes. After hearing the arguments, the IHC directed the federal government to appoint a prosecutor till December 5.