The Supreme Court on Monday made history by issuing notice to former president Gen (r) Pervez Musharraf for subverting and holding the constitution in abeyance and directed him to personally appear in court today (April 9), besides directing the interior secretary to immediately put the former COAS’ name on the Exit Control List (ECL) and submit a report with the court.
If indicted under treason charges, Musharraf would be the first ever chief of army staff to be tried under Article 6 of the constitution despite the fact that the article had been made part of the constitution in year 1973.
However, former dictator General Ziaul Haq was not tried under treason charges nor his abettors and facilitators were ever questioned by any court of law.
A two-member bench of Justice Jawwad S Khawaja and Justice Khilji Arif Hussain hearing five identical petitions against the dictator, asked the federation and its functionaries make sure that Musharraf did not leave the jurisdiction of Pakistan until final decision.
The petitioners included Maulvi Iqbal Haider, AK Dogar, Lahore High Court Bar Association President Taufiq Asif, ex-president LHCBA Ahsanud Din Sheikh, former vice-chairman of Pakistan Bar Council (PBC) Abdul Hakeem Khan Kundi and Association Pakistan Lawyers (UK) Chairman Barrister Amjad Malik.
The bench also issued notice to federation to tell why it did not take action against the former dictator and was given VIP treatment upon his arrival, despite clear finding of the Sindh High Court Bar Association judgment and a unanimous Senate resolution against Musharraf.
Islamabad inspector general of police (IGP) was ordered to serve the notice on Pervez Musharraf if he was in the federal capital, otherwise the IGPs of the province wherever he was should serve him notice. The court observed that Senate’s January 23, 2012 resolution against Musharraf itself carried a lot of weight.
On Maulvi Iqbal Haider appeal against Sindh High Court’s decision, the court also issued notices to all respondents, including former attorney general for Pakistan Malik Qayyum and Musharraf’s legal adviser Sharifuddin Pirzada.
During the hearing, the counsel representing the petitioners, particularly A K Dogar and Hamid Khan, submitted that Musharraf be taken into custody to ensure that he remained available within the country for the purpose of trial under Article 6 of the constitution read with the provisions of High Treason (Punishment) Act, 1973.
The court, however, observed that in the first instance, notice of these petitions be served on the said respondent for tomorrow (Tuesday).
The petitioners also contended that not only Musharaf, but collaborators should also be proceeded against under High Treason (Punishment) Act.
Advocate Dogar contended that in term of clear finding of the Supreme Court judgment in July 31, 2009 in case of SHCBA, direction be issued to the federation for initiation of legal proceeding against Musharraf and others.
He said the court should also take action against Lt Gen Mehmood Ahmed, Maj Gen Aziz Ahmed, Maj Gen Ghulam Ahmed, Maj Gen Shahid Aziz and Lt Gen Muzaffar Usmani who abetted Musharraf in taking extra-constitutional steps on November 3, 2007.
“If a man is found guilty of committing high crime by abrogating or subverting the constitution, which is a heinous crime, must be taken into custody,” Dogar contended, adding that otherwise it would become another Tauqeer Sadiq, who fled the country.
The learned counsel said it was the obligation of the federation to take effective measure against Musharraf and others, who had subverted the constitution, “but it seems the federation is not interest in doing so”.
The counsel further argued that the federation had not taken any step to initiate action against Musharraf.
Justice Khawaja remarked that a notice would be issued to find out the motive of the federation. He further said it was the responsibility of the court to ensure that the requirements of justice were being fulfilled.
Hamid Khan, counsel for incumbent LHCBA President Taufiq Asif, submitted that according to the 1973 treason law, the federal government had to designate someone for the trial.
Justice Jawwad asked him what had the federation done so far. Khan informed the court that on January 23, 2012 the Senate approved a resolution, moved by Raza Rabbani as leader of the House, that Musharraf should be arrested upon his arrival in Pakistan. He contended that despite the courts order and the Senate resolution, the former president had not been arrested.
While issuing notices to the respondents, the federation and Gen (r) Musharraf, the court adjourned the hearing until today (Tuesday).
