The Supreme Court on Tuesday rejected a plea seeking arrest of former dictator Gen (r) Pervez Musharraf and exempted him from personal appearance, as it adjourned the hearing of the treason case against him until April 15.
A two-judge bench of the apex court, comprising Justice Jawwad S Khwaja and Justice Khilji Arif Hussain, resumed hearing in the case against the retired general on Tuesday.
The SC took up five identical petitions against Musharraf involving charges of high treason and subversion of the constitution.
Musharraf did not appear before the bench in person and his counsel, Ahmed Raza Kasuri, represented him in the court. No one represented the federal government during the hearing. However, the court rejected the plea for arrest and adjourned the case until April 15.
Kasuri sought from the court six weeks’ time from Musharraf to submit his response and said he would have to prepare a response to all the petitions. He said that it was a case of first impression, as no other case of this kind had been presented before the court earlier.
He said Musharraf would also be involved in electioneering, so the case may be adjourned until May 20.
During proceedings against the former president, Kasuri argued that his client had full faith in the apex court, but he had feared that some judges of the court were biased against him.
Justice Jawwad S Khwaja said the former general should inform the court about his reservations against judges and the same could be detached from the case hearing.
Kasuri argued that the intent of the petitioners was malafide and the case was being pursued in a hurry and haste just for damaging the former president politically. “My client is being involved in litigation so as he could not spare time for his political campaign,” he contended.
Kasuri said no one had forced the retired general and he had decided on his own to return to his homeland despite facing death threats.
Justice Jawwad replied that the former general had been dodging courts for the past four years.
The bench observed that no stay order regarding the political activity had been issued. Kasuri expressed surprise why the name of Chief of Army Staff General Ashfaq Kayani had been included in the petitions and why was he not served notice in the PCO case. Justice Jawwad, however, said all the respondents had been issued notices.
As proceedings continued, Kasuri sought six-week’s time to submit a reply, but Justice Jawwad said though Musharraf would be given ample time, six weeks were unnecessary.
Kasuri said that if the court continued with the hearing of the case, it might open a Pandora’s Box and several hidden names would be revealed.
Justice Jawwad said the court was not bothered if a Pandora’s Box was opened. Justice Khilji Arif said the court had to follow the constitution.
Talking to reporters prior to the hearing, Attorney General of Pakistan (AG) Irfan Qadir had said he would perform his duties according to the constitution.
SC judges are cowards and they will not touch gen kiayani even though he was involved in decision making process of over throwing the (un) democratic govt of nawaz sharif.
Even if other people's were present. Finally it was decision made by Mr Mushraff to take the decision. So at the end of the day , he has to listen to this music. And he has to bear the consequences of his decision.
Maybe you should read the section 2 of article 6 before farting
When a poor person commits some crime they he is held at once upfront
the one who helps him is also punishable, remember the 1999 take over Cj has validated that You have did the right job. what about CJ. he is also be trye to Art. 62 and 63
In the sight of Allah Almighty he has not done any wrong. Pakistanis may punish him. He will bear that as reward for 'sub say pehle Pakistan'.
The apex court has to tread with caution. It is the aggrieved party in the case and has been forced by circumstances to sit on judgment in its own cause. Musharraf, a political nobody is totally isolated and comprehensively humiliated. The so-called forces of “rule of law” are out to get him. But in this charged atmosphere of revenge, the court has to take stock of the circumstances. Was Musharraf a lone-ranger or was supported by the entire government machinery in imposing emergency rule? Was this emergency rule resulting in sacking of judges a far graver crime than sacking of an elected government which was condoned by the judiciary? Article 6 has put the court in a difficult situation. These are indeed testing times for the honorable judges of the apex court. Read more at: http://passivevoices.wordpress.com/2013/04/08/art…
Mian Nawaz Sharif allegedly controls the SC. He has personal enmity with Parvez Musharraf. The decision of Asghar Khan case and recovery of money received from ISI is not being pursued. Let the nation bear what it deserves.
General Musharaf did most of the things right.Present democracy is nothing to do in betterment of pakistan and this is true.Infact when we do a comparative and unbiased analysis of the previous so called democratic time and general musharaf erre specifically,we will have to rank him up.So judiciary and other political parties should first clean their floor before talking agains Musharaf.Neither politicians nor judiciary provides any good day to Pakistan.
He is courageous ,bold ,brave and a person who owns what he did .He is not hypocrite like others.He has nothing under the skeleton before saying anything.
So ,May Allah bless him.
Ameen
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