Islamabad High Court (IHC) on Thursday allowed trial of former president and military ruler Pervez Musharraf at his farmhouse at Chak Shahzad, in the judges’ detention case.
Hearing a bail plea filed by Musharraf, a divisional bench of IHC comprising Justice Riaz Khan and Justice Noorul Haq Qureshi directed the public prosecutor and Musharraf’s counsels to furnish all relevant details of the case to the court.
During proceedings of the case, special public prosecutor Amir Nadeem told the court that so far there was no concrete evidence against the former president that established a direct role in ordering detention of judges. However, he added that further evidence was being collected by investigators.
The prosecutor further said former prime minister Yousaf Raza Gillani’s maiden speech on the assembly floor, in which he used the word “release” while referring to judges, statements of 23 lawyers, press clippings, photographs and video clippings could be used as evidence against the former military dictator. He said, to ascertain the authenticity of records, investigators were contacting the concerned people.
Amir Nadeem also told the court that a letter had been written to the Supreme Court registrar requesting the seven judges of the apex court, who were detained in 2007, to record their statements, but no positive response had been received as yet in that regard.
Alyas Siddiqui, counsel for Musharraf, contended that his client had never ordered detention of judges. He said there was no concrete evidence against his client which could establish that he had ordered their detention. He went on to say that accusations were based merely on the basis of media reports which could not establish that the former president had in fact ordered detention of judges. He said the complainant in the case, had also backtracked and in light of these arguments, he requested the court to grant bail to his client.
After hearing both sides, the court adjourned hearing until June 11.
Earlier, the IHC registrar and anti-terrorism court (ATC) Judge Kausar Abbas Zaidi visited Musharraf’s Chak Shahzad farmhouse, which is serving as a sub-jail to detain the former president, to review security arrangements for the trial.
After they declared security arrangements as satisfactory, IHC said ATC Judge Kausar Abbas Zaidi could conduct Musharraf’s trial at the sub-jail.
The ATC has been hearing a case against Musharraf for detaining dozens of members of the superior judiciary after imposing emergency rule in 2007.
The Islamabad chief commissioner had recently issued a notification to conduct Musharraf’s trial at his farmhouse but it was later withdrawn after ATC Judge Kausar Zaidi raised concerns about his security. Zaidi had informed the court in writing about his security concerns.
Following the IHC decision, reports said Islamabad administration had set up the courtroom at the farmhouse.
Meanwhile, Justice Jawwad S Khwaja of the Supreme Court (SC), during hearing of the Pervez Musharraf treason case on Thursday remarked that article 6 of the constitution would be applied if needed.
A three-member bench of the apex court led by Justice Khwaja heard the treason case against Musharraf.
The counsel for Musharraf, Ahmed Raza Kasuri, in his arguments said the new government had been formed and therefore its point of view on the case should also be heard.
Justice Khilji Arif remarked that the step taken by the military ruler in 1999 was endorsed by both, the Parliament and the judiciary, thereby questioning the imposition of article 6.
Petitioner A K Dogar, said imposition of emergency in November, 2007 had not been endorsed by the Parliament, adding that unconstitutional steps could not be endorsed.
Later, the court adjourned hearing of the matter till June 24.
