Hearing the judges’ house arrest case, the Islamabad High Court on Thursday rejected the interim bail of former president Pervez Musharraf, however, the former military dictator was escorted away from court premises by his security staff for fears of his security.
The former president appeared in court of Justice Shaukat Aziz Siddiqui to get extension in his interim bail in judges’ house arrest case.
But the court rejected his bail plea. After the rejection, the former president, contrary to his recent statement that he was ready to go to jail on court order, left the court with the help of Rangers and intelligence apparatus detailed for his security.
He was escorted away to his ChakShahzad farmhouse.
In its detailed judgment, the court declared the ‘escape’ of Musharraf from court a criminal act and ordered the inspector general of Police to appear in court today (Friday) to explain the steps taken for arrest of the accused.
In the six-page detailed verdict, the court also directed the police to insert section of Anti Terrorism Act, as putting the judges in house arrest was a not an ordinary act but terrorism. The court also declared the personal guards of Musharraf, who helped him escape, and police official who were present at IHC, culprits.
“Personal security guards of petitioner Gen (r) Musharraf facilitated and helped him to escape instead of surrendering him before officials of Secretariat police station.”
“The IGP is directed to explain why proper police force was not deputed to handle the situation. The IGP is also directed to submit detail report about all persons who acted in aid of petitioner, and action be taken against those police officials who remained napping, instead of performing their duty with due diligence and care,” the order said.
According to law, police is bound to arrest the accused after rejection of his bail, but in Musharraf’s case, Islamabad police under the supervision of SSP Operations Yaseen Farooq did not try to arrest the former general. Later, Musharraf rushed to his fortress in ShahzadTown, where he might be put under house arrest.
During the hearing of the case, Musharraf’s lawyer Qamar Afzal contended that his client did not order the confinement of judges, rather decision was taken by the cabinet, which was chaired by the prime minister.
In a case registered in Secretariat police station on August 11, 2009, Musharraf was booked under section 344/34 PPC for passing an illegal order of imposing emergency in 2007 and confining the judges of superior courts, including Chief Justice Iftikhar Muhammad Chaudhry, and stopping them from performing duties.
The case was registered on the application of Aslam Ghuman.
In its judgment, the IHC said confining the judges of superior court and stopping them from performing duties was an act of terrorism.
Talking to reporters later, Ahmed Raza Kasuri said Musharraf did not escape from court.
He went there escorted by security personnel provided by the state and it was in state security that he came back from there.
Kasuri said Musharraf was relaxed, confident and happy. “We were sipping coffee and he was smoking a cigar,” Kasuri said.
“There were hundreds of Rangers in Musharraf’s security escort, he went with them and came back with them, it was not an escape. How can you say he fled from court?”
“As for the court’s decision, the courts also make illegal decisions and they are not sacred cows. That is why there is an option of review there.”
To a query, he said the high court could either accept or reject the bail application but could not order arrest.
“This is a unique decision in Pakistan’s judicial history. Such decisions could raise doubts about the judiciary,” Kasuri opined.
After the verdict high security measures were put in place outside Musharraf’s residence.
Police also blocked the main road leading to Musharraf’s residence.
