Caretakers refuse to invoke Article 6

10
138

 

  • Interim govt tells SC it rather not get involved in contentious issues
  • Decision should be left for elected representatives

 

The interim government on Monday distanced itself from initiating treason case against former president General (r) Pervez Musharraf, saying it was not its job and it did not want to indulge in controversial issues.

While submitting its written reply in the Supreme Court, the interim government on Monday refused to initiate proceedings against the former military dictator under Article 6 of the constitution.

The government told the bench that it had a limited mandate focused on holding free, fair and transparent elections.

The three-member bench headed by Justice Jawwad S Khwaja resumed hearing in the case filed by five various petitioners, seeking registration of treason case against former president Pervez Musharraf for subverting the constitution of Pakistan by overthrowing a democratic government, imposing emergency in the country and detaining judges of superior courts in 2007.

The federal government, through Attorney General Irfan Qadir, submitted its reply in which it clearly stated it was not its mandate to initiate case against the former president.

The attorney general told the court that the caretaker government was solely focusing on elections and even in some important matters like agreement of Riko Diq, and loan issues with IMF, the government preferred to avoid taking any decision.

The interim government told the court that only 20 days were left with the government to finalise the all arrangements for conducting elections.

“In these circumstances, it will not be appropriate for the caretaker government to deliberate or take a position in respect of the Article 6, which is likely to become a controversial exercise in long-term for both political parties and institutions of the state and, therefore, it should be best left for the elected government to take appropriate position on Article 6 and its legal processes, manner and scope of implementation, inclusion or exclusion of persons to be proceeded against etc. That even, otherwise there is no urgency in respect of the said matter.”

“The caretaker setup should avoid taking any controversial step and should not commit any process that is not reversible by the incoming elected government.” The government’s reply also cited a working paper by an NGO called Democracy Reporting International which called for an interim set-up to avoid major policy decisions, refrain from making appointments on key posts and avoid signing any major contracts or international treaties. After receiving the response from the caretaker government, the bench adjourned the hearing until today (Tuesday) to hear the reply of Musharraf’s lawyers.

Muhsarraf’s legal team headed by Ahmed Raza Kasuri pleaded before the court that they were not allowed to meet Musharraf. They requested the court to order the administration to allow them to meet with former president so that they could submit their response in the court on Tuesday.

Upon this, the bench directed the administration to allow lawyers to have a meeting with Musharraf, who is being detained at his house.

Also on Monday, a petition was filed in Islamabad High Court (IHC) challenging Musharrf’s detention at his house, stating that the accused facing serious and heinous charges of terrorism could not be detained at his house and should be sent to a regular jail.

The petitioner pleaded that thousands of other accused who were facing trial under Terrorism Act ought to be kept at their residence as it had been done in the case of Musharraf.

The petitioner requested the court to declare the said notification null and void and asked for the accused to be sent to Adiala Jail.

10 COMMENTS

  1. Don't be surprised if this '' Chief Justice'' sends a suo moto notice to the Interim Prime Minister to appear in his Lordship's court! The Judiciary has made complete mockery of law and justice, as well as the forth coming elections now made into a hornets nest.
    For his crimes General(r) Musharraf should be tried by the electorate if he gets less than 25 percent vote, he should then be placed in the docks otherwise let him contest.
    And stop this witch hunt till after the elected government comes into power.

    • Respecting the law & justice of Pakistan is the first and foremost step towards being a patriotic Pakistani. If anyone has even the slightest of shame, they should distant themselves from supporting Musharraf as if he's their own Khalu. Instead, let law take its natural course. Shame shame shame on all those who are speaking foul of the entire justice system of a sovereign country, just for the sake of one ILLEGAL man. Its not worth it. It will never be worth it.

      • These clowns called judges validated Musharraf's rule in 1999. If Musharraf is guilty of treason, then all the judges including the kana who took oath under PCO are also guilty. The IHC ordered the police to include terrorism charges. What a joke.I have never heard of a judges ordering police to include certain charges so they can prosecute the accused. That means they have already made up their minds and want to prosecute him on the charges of their own liking. These judges should be hung upside down on a street pole.

      • I am not a fan of Musharraf but here is my question. When Nawaz Sharif denied landing of Musharraf's plane in Pakistan, shouldn't that be considered as an act of treason? I mean, he tried to deny the COAS of the country, who was the head of the armed forces, to land onto his own soil. Nawaz Sharif should be treated under the treason law as well.
        When most, if not all, judges from the SC considered Musharraf's coup as legitimate when it was not, then shouldn't all those judges also be tried under the treason law? Why are all rules being applied to one person only? This is not called "equal" justice, this is called "selective" justice.

      • Musharraf action of 2007 was continuation of his action of 1999 which was validated by the Hon Supreme Court off Pakistan.

  2. "Interim govt tells SC it rather not get involved in contentious issues"

    How about the interim government act like a government of grown-ups and do their job regardless of how contentious or Zen-like the matter.

  3. why one eye CJ dont open pending cases aganist Nawaz Ganja. how much monthly he gets from NS ?

  4. Supreme Court's goading Federal Caretaker government to initiate case against General Musharraf under Article 6 is ultra vires.

  5. .
    Hehe hehe …
    Davos, Switzerland — "World Economic Forum" …
    .
    That's how I used to look 12 years ago …
    Thank you PT …
    .

Comments are closed.