While resuming hearing of the Musharraf treason case on Thursday, the Supreme Court remarked that explanation of Article 6 of the constitution would be made in the Musharraf treason case, because the man who violated Article 6 of the constitution would get capital punishment or death sentence.
A three-member bench of the Supreme Court headed by Justice Jawwad S Khawaja resumed hearing in the case.
During proceeding, Justice Khilji observed that Musharraf should be tried in a special court regarding treason case.
Justice Jawwad S Khawaja said the former military ruler had issued PCO as army chief. “According to rules and regulations, the army chief is a subordinate officer and bound to report the Defence secretary regarding his actions. The question is how can an army chief spontaneously have such absolute authority,” said Justice Khilji.
“No documentary evidence has been presented with which he conducted consultation process on issuance of PCO. We have repeatedly summoned interior secretary and other functionaries and asked about it from them. The successive PPP-led government has not initiated even an iota of proceedings against Pervez Musharraf,” Justice Jawwad said.
He added that it was a tremendous tragedy but the former government took no notice of the situation.
Justice Ijaz Afzal remarked that Musharraf could not be penalised until and unless he was put on trial.
Justice Khilji remarked that “if the facts of this case are looked into, even then a trial will be needed”.
“Treason case against Musharraf will run in a special court. The said special court will decide if the charge has to be framed or otherwise. We can not issue any directives to special court”.
Counsel for the petitioner, Maulvi Iqbal Haider, requested the bench to order initiation of proceedings against Musharraf under Article 6 of the constitution.
Justice Khilji asked the counsel to satisfy the court over a point whether the Supreme Court could order the trial court to initiate the proceedings under Article 6.
Meanwhile, Ahmed Raza Kasuri, Musharraf’s counsel, said he met Musharraf on Wednesday night, adding that he had no plan to leave the country. The bench ordered to include his statement in the case record.
The court later adjourned the hearing until June 3.