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Musharraf and his legal eagles

Former military strongman Musharraf is getting keyed up. The swagger is being replaced with diffidence. His lawyers seem to be divided over the line of defence. Despite the extraordinary security having been provided to Musharraf, Ahmed Raza Kasuri took resort to the untenable argument that his client could not appear before the court on account of threats to his life. As has happened twice before yet another mysterious set of explosives was discovered on the route from his farmhouse to court. The counsel expressed the fear that if a bomb was to be detonated outside the court, it could blow up the court along with the honourable judges. This was construed as a veiled threat and led the presiding judge to caution Kasuri not to threaten the court.

Musharraf’s legal team also took an altogether different line of defence on Tuesday. It was argued that Musharraf had called for the November 3, 2007 emergency in his capacity as the country’s military chief and that that he could only be tried by a military court and not by the present special court. Only last week Musharraf had filed a review petition in the Supreme Court arguing that the then elected Prime Minister Shaukat Aziz had recommended taking extra-constitutional measures of proclaiming the emergency. Had Musharraf acted as the COAS, the advice should have come from the army. The defence team also requested the court to adjourn the case for a period of five weeks. One fails to understand why a delay of five weeks is being sought. If the idea is to seek the intervention from the US or some other country, how can Musharraf’s foreign benefactors influence the independent court? If Altaf Hussain really thinks the case against Musharraf is, as he puts it, unconstitutional, sheer injustice and oppression why doesn’t he approach the Supreme Court instead of expressing doubts of the sort in public?

Musharraf’s other counsel Anwar Mansoor said all those who aided in the violation of the Constitution should be considered guilty just as well. In a more explicit statement Altaf demanded that if the former military ruler was to be tried under treason, everybody who supported him whether they were generals, judges or institutions should also be tried. The court has ordered for Musharraf’s production today in the treason case. Instead of seeking unnecessary delays or implicating apparently unrelated persons in the case and thus causing confusion and dismay the best way for Musharraf is to concentrate on fighting his case in the court.

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