The government has made it clear that it will not punish the abrogators of the constitution and the courts do not want to put anyone to trial, Justice Jawwad S Khwaja has said.
He gave these remarks while presiding over a three-member bench hearing the treason case against former president Pervez Musharraf on Thursday.
Musharraf’s reply was placed before the court whereby he had expressed his reservations with regards to formation of the bench and declared the arguments given by his three lawyers correct. He requested the court to pursue the constitutional points mentioned in the applications if any dispute arose.
Ahmad Raza Kasuri argued that the November 3 step was an affidavit and it was sent from the prime minister and the cabinet, adding that the president issued the orders on the summary of the prime minister.
He said Musharraf neither abrogated the constitution nor any martial law was imposed. “The court should give a decision without influencing the arguments of anyone. The review petition has also been dismissed. The court has given protection to the orders and decisions of Abdul Hamid Dogar in the Sindh High Court bar case.”
Justice Khwaja said, “You had said that Musharraf was not party in the case then what dispute lies between the parties?”
Kasuri said, “This decision is part of the past now and it cannot be applied to this case. No discriminatory decisions can be given against fundamental rights.”
He said the matter of abrogation of the constitution should be started from March 23, 1956 and if proceedings were initiated with regards to the steps taken on November 3, 2007 then the court would have to take an action against all. “Whosoever abrogated the constitution and held it in abeyance all should be proceeded against. That includes judges, politicians, officers from armed forces and other people.”
Kasuri said if any judge had taken oath under the PCO, he should immediately resign from his office by demonstrating moral courage. “Whoever took an oath under the PCO and has performed function under this system, he will have to be proceeded against under Article 6 and he will have to resign.”
He said the court was not authorised to take action against the army chief under Article 199(3) and any application in this respect could not be filed directly under Section 184(3), therefore, the applications be dismissed with fine.
The attorney general (AG) said, “I have to play the role of a bridge between the federation and the court. The court has to play a neutral role.”
Justice Khwaja said, “Elections are going to be held or otherwise.”
The AG said, “The federation is not God. All the arrangements have been made and elections will take place in time.”
Addressing the AG, Justice Khwaja said “Tell us the stance of the federation.”
The AG said “The federation does not want to become a party in this matter. This is political matter and if the caretaker government does anything, its transparency will be affected.”
Justice Khilji said, “What obstacle is there that the caretaker government cannot give an order to the Interior Ministry to initiate proceedings under Article 6?”
The AG said, “If the caretaker government takes any action in this respect in the prevailing situation then its transparency will be questioned. Several characters are involved in this case.”
Later, the hearing of the case was adjourned until May 20.
