Justice will be served in Musharraf treason case: SC

• Court says all requisites of justice will be met sans prejudice
• Musharraf’s counsel challenges CJP’s powers, wants full bench to hear the case
• SC refuses staying IHC order against Islamabad IGP in escape case

Hearing petitions seeking initiation of treason cases against former president Gen (r) Pervez Musharraf, Justice Jawwad S Khawaja on Wednesday said the court would meet all requirements of justice sans prejudice and justice would be seen to have been done.

A three-judge bench headed by Justice Jawwad S Khawaja resumed hearing in the treason petitions against Musharraf, during which Justice Jawwad said all requisites of justice would be met as the court had to follow the constitution and law.

He said it was not their problem if justice scared some people or made them happy or satisfied.

CJP challenged:

At the inception of the hearing, Musharraf’s lawyer Ibrahim Satti challenged the discretionary powers of Chief Justice of Pakistan, pleading that a full court minus the chief justice should be constituted to hear high treason case against his client.

Satti said there was a clash of personal nature between Pervez Musharraf and the CJP.

“The CJP’s statement against Musharraf in his own case reflects his personal grudge. He is biased, therefore, he should not become part of this bench and a full court bench be constituted. Sindh High Court decision needs to be reviewed.”

“It is fundamental right of the former president that he be let present his stance through fair trial.”

Justice Jawwad observed that all norms of justice would be kept in view.

“We will do justice in a way that justice will be seen to have been done. We will give verdict keeping in view law and constitution. We can not give decisions as per any one’s desire. We cannot go outside the ambit of law and constitution no matter anyone likes or dislikes us, loves us or hates us. We are not deterred if some one opposes us. Only those stand scarred who are not with the truth. We cannot be fearful of anything.”

Satti said the SC should not rely on the Sindh High Court (SHC) decision as it was based on bias.

Justice Jawwad said, “We will not be able to side with you arguments unless we look into the record. Provide us a provisional copy. We will prove by all means that we are not influencing any one. We have been hearing this case since the last eight days.”

Satti said the CJP was called in the army house and it was said that he was kept under detention until 5 pm and it was done so due to a “no” uttered by him. These all are events however no verified copy of this order has become available.

He added he had submitted a request for copies certified by the SC, but he had not yet received the documents. He further told that his client had no access to official records.

Justice Khilji Arif Hussain said, “You say a copy has not become available. This leaves no good impression on a common man.”

Justice Jawwad added, “We have to give decision in consonance with law and constitution, whether anyone deems it good or bad. Whether it is beneficial or harmful to anyone.”

Citing to different cases, Satti said all decisions were with reference to fair trial.

“Judges have to conduct fair trial without any bias. This is fundamental right of the accused persons and it is a civil right as well. It is right of every citizen to seek access to the justice. It is part of UN charter that everyone will be given the right of fair trial on the principle of equality.”

Satti said Musharraf intended to visit his ailing mother in Dubai. To this, Justice Jawwad said, “Every legal support will be provided to your client. We don’t want him to face any kind of prejudice.”

“It is our duty to fulfil the demands of the law and to provide justice to all within the parameters of the constitution,” he added.

The hearing was later adjourned until today (Thursday).

Musharraf escape case:

Meanwhile, the Supreme Court excused to grant a stay order against Islamabad High Court (IHC) verdict in respect of IG Islamabad Bani Amin in the Musharraf escape case.

A three-member bench led by Justice Jawwad S Khawaja took up for hearing an appeal plea filed by the Islamabad IG seeking staying of the IHC orders.

Chaudhry Aziz advocate appeared on behalf of the IGP. He told the court that police had made adequate security arrangements in Musharraf case, but the problem surfaced due to presence of 200 Rangers. “Military commandoes were present there in the garb of lawyers. My client was also present in the SC in connection with a case and he was also to review the arrangements of international judicial conference. Pervez Musharraf was arrested by 3:30 pm.”

Justice Jawwad S Khawaja remarked law should be equal for all. “There should be no double standards. Discrimination between haves and haves not should come to an end now. The era of lords is no more here.”

The counsel said “The general public was of the view that no other security was needed in the presence of Rangers and police contingents. When the bail was rejected, a vehicle was available near the door and Musharraf boarded it and disappeared.”

The court said, “Please arrange to bring footage. We want to see it. You were of this view that police powers were delegated to Rangers. It was done so in Balochistan but we will have to see what orders were issued here. We want to see why it happened so in the presence of police.”

The court directed the petitioner to present order of Islamabad High Court, police record of secretariat police station and notification on deployment of Rangers.

The court also ordered that footage of Pervez Musharraf escaping be presented before it.

The court adjourned the hearing of the case until today (Thursday).