Justice Jawwad S Khawaja has remarked that former president Pervez Musharraf raised the slogan of “Pakistan Bacaho” to abrogate the constitution and it was known to everyone what the dictators did to the country.
He gave these remarks while presiding over a three-member bench of Supreme Court (SC) during the course of hearing of treason case against Pervez Musharraf on Monday.
At the inception of the hearing AK Dogar, counsel for Moulvi Iqbal Haider, filed his written arguments in the court.
The court remarked, “Please continue your arguments until reply from new government comes on this count. May be the new government changes its policy and adopts a new decision in respect of Musharraf.”
Dogar argued, “Treason is constitutional offence, therefore, its punishment should be severe.”
Justice Ejaz observed, “If this court has no authority to initiate proceedings then who will do it. The government also does not take action.”
A K Dogar said, “Judges sit in the jury in US and initiate proceedings. One commits crime and does not appear in court. He is summoned repeatedly and even then he does not do so, so the courts have to initiate proceedings. Fair trial must be conducted. When a notice is issued to any person, a trial begins against him in a way.”
He read out a decision from Justice (r) Yaqoob Ali Khan that if someone ruined legal order, treason case would be registered against him, proceedings would be initiated and punishment would be given to him.
Ibrahim Satti said the decision was given by a five-member bench and not by a full court. “But their stance and matter was different and it was a minority view.”
Justice Jawwad said, “That was not a minority view.”
Dogar said, “All changes that had come in terms of judiciary or politics are owed to the lawyers’ movement. It was said thereby no power hungry will be allowed to come in the country and no one will dare to abrogate the constitution”.
He argued, “Had the lawyers not launched the movement, matters would have remained intact and no one would have been there to stop them. Lawyers movement imparted courage to the judiciary. That is why the judiciary is standing firm against dictators and is rendering decisions without fear. Yahya Khan allowed the army chief to impose martial law under Article 260 and to go for every option.”
The hearing of the case was later adjourned until May 23.