IHC’s decision proves Musharraf sole accused: Prosecutor

ISLAMABAD: Akram Sheikh, chief prosecutor in the high treason case against former military dictator General (R) Pervez Musharraf, Tuesday said the Islamabad High Court (IHC) judgment had vindicated their plea that Musharraf alone was responsible for breaching the Constitution on November 3, 2007.
Talking to The News, he said a previous IHC order through which the Special Court trying Musharraf was stopped from functioning, was not in place now and the Special Court was set to resume its proceedings from November 27.
In its judgment on Tuesday, the IHC set aside the November 21, 2014 order under which the Special Court directed the federal government to include former Prime Minister Shaukat Aziz, former Law Minister Zahid Hamid and former Chief Justice Abdul Hameed Dogar as co-accused in the list of abettors.
Now these individuals can be investigated by the FIA but they will not be included as co-accused in the list of abettors.
“The federal government has expressed its willingness to probe the involvement of other characters, if any, in imposing emergency and breaching and subverting the Constitution of Islamic Republic of Pakistan on November 3, 2007 and now the FIA will complete its investigations into the issue,” Sheikh said.
“Now General Musharraf is free to join the FIA investigation and present proof of involvement of former Prime Minister Shaukat Aziz, former PCO Chief Justice Abdul Hameed Dogar and others if he has any evidences with him,” said Sheikh.
He explained that the prosecution had pleaded before the Special Court that the then Chief of Army Staff (COAS) General Pervez Musharraf had imposed emergency in his capacity as the COAS independently on his own and not on the advice of anyone else.
He said official record also proved beyond an iota of doubt that Musharraf was solely responsible for imposing emergency, breaching the Constitution and sacking and detaining superior judiciary judges.
The three-member Special Court, headed by Justice Faisal Arab of Sindh High Court, comprises Justice Tahira Safdar of Balochistan High Court (BHC) and Justice Yawar Ali of Lahore High Court (LHC).
During the course of hearing, Justice Faisal Arab was elevated to the position of Chief Justice of Sindh High Court while Justice Tahira Safdar is still the senior most judge of BHC. Justice Yawar Ali is also a judge of the LHC (4th senior most).
After elevation of Justice Faisal Arab as the SHC Chief Justice, there were speculations that the Special Court will have to be reconstituted because of elevation of the court head.
When The News put the same question to top legal and constitutional expert Akram Sheikh, he said the Special Court was very much intact, as Justice Faisal Arab was the SHC judge at the time of constitution of Special Court and he was still a judge of the same court after elevation. He said the Special Court will meet on November 27.