- 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.