Judges’ detention case: Complainant withdraws yet no bail for Musharraf

Though, the complainant in the Judges’ detention case, Aslam Ghuman, has disassociated himself from the case, top legal and constitutional experts see no immediate relief for former military ruler Pevez Musharraf in the case saying that under law, the state cannot stop prosecution against the former president.
Renowned lawyer of Supreme Court Babar Sattar talking to Pakistan Today, was of the view that in this case the role of the complainant was that of a mere informant, who reported the incident to the police station. Following that, the state is responsible to prosecute, he said. The imminent legal expert further said in personal cases, the accused and the complainant could patch-up in out of court settlements but in this case, the state holds the responsibility to carry out investigations to determine facts.
“Public prosecutors are supposed to investigate the case for presenting evidence, if any, before the court, which has final authority to decide the matter,” he added. Advocate Aslam Ghuman, the complainant in Judges’ detention case, in which Musharraf is accused of detaining 60 judges of superior courts, on Friday night surprisingly backtracked from the case saying it was in the larger interest of the country to do so.
The surprising decision by Ghuman came on Friday- a day before the hearing of the case by the anti-terrorism court (ATC).
Talking to Pakistan Today, Chaudhry Ashraf Gujjar, a Supreme Court lawyer, said there will be no affect on the case following the development. He said while lodging the first information report (FIR), Ghuman played the role of an informant. After registration of the FIR, his role ended, he said. He said the FIR, besides other sections, also included section 7 of the Anti-Terrorism Act which is a non-compoundable offence. Ashraf Gujjar, who earlier represented the complainant in this case, said only the state could withdraw the case and not the complainant.
Similarly, renowned legal expert Barrister Zafarullah Khan reportedly said an individual can dissociate himself from prosecution but cannot withdraw a case.
Talking to Pakistan Today on Saturday, Ghuman said, “In 2009, after a long struggle I got the FIR registered against Pervez Musharraf. At that time, I reported what I had witnessed as a citizen but now I’m withdrawing from the case.”
When asked whether he took the decision after being threatened by someone, he said, “To some extent I was felling insecure but there was no threat to me. I was provided with a gunman by the police, but I don’t want to live under security cover and I took the decision on my own.” At the same time, he said he had withdrawn the case in the larger national interest saying that under the current state of affairs, the trial of Musharraf is not in the national interest.
During the last few weeks, at least three lawyers including special prosecutor of Islamabad Police Syed Tayab have dissociated themselves from the Judges’ detention case.

Musharraf’s judicial remand extended for a further 14 days

On Saturday, ATC Judge Kosar Zaidi resumed hearing of the Judges’ detention case and extended Musharraf’s judicial remand for a further 14 days. At the start of the hearing, Musharraf’s lawyer on behalf of his client presented an application before the court, seeking exemption for the accused from appearing in person. The lawyer said the former president could not appear before the court due to security reasons. The court exempted the former president from appearing in one hearing only. Upon expiry of Musharraf’s 14-day remand, the court extended his remand for a further 14 days and directed the police to produce the accused before the court on June 1, 2013. .

Musharraf’s bail plea rejected

Meanwhile, Musharraf’s lawyers separately filed a bail application in the same court. Musharraf’s lawyer Ilyas Siddiqui pleaded for Musharraf’s bail. He told the court that the complainant had withdrawn from the case while a report of the case was also yet to be submitted before the court. Under such circumstances, he said, the accused should be released on bail. On the other hand, the new public prosecutor Aamir Nadeem Tabish said he required some days for submitting the report (challan), and requested the court to adjourn the hearing. After hearing arguments from both sides, the court rejected Musharraf’s bail plea and adjourned the hearing till May 22.