Musharraf to be given every opportunity of defence: SC

Supreme Court Justice Jawwad S Khawaja on Thursday remarked that every opportunity of defence and arguments will be provided to former president Gen (r) Pervez Musharraf in order to deliver justice and no order of Supreme Court would influence his trial.

A three-member SC bench headed by Justice Jawwad took up the high treason case against the former president for hearing on Thursday.

Qamar Afzal advocate, counsel for Musharraf, argued that his client’s case was very important and a three-member bench was insufficient to hear it, therefore, a larger bench be constituted, he prayed.

“The judges sitting in the present bench hold no good impression about my client, therefore, they will not be able to do justice”, he contended.

Justice Jawwad observed that the “case is important due to Article 6, not due to Pervez Musharraf. This matter has come before the court for the first time. The three-member bench has been constituted on the request of Ibrahim Satti advocate. We cannot constitute bench on the bidding of any lawyer.”

Afzal said, “If two among the three judges of this bench give a decision against my client, they will be considered biased judges. You had given an interview to a journalist after tendering resignation from Lahore High Court and said that you are a secluded judge. You gave interview to Sohail Warraich and asked him not to run it. He has written a book where he has mentioned you.”

Justice Jawwad remarked, “I had asked Sohail Warraich that he had resorted to exaggeration in respect of me in the book. Whatever decision we will give, we will give it in line with law and constitution.”

Afzal further argued, “Unless a person is convicted and punishment awarded on him, he remains accused, not guilty and he retains the right to contest elections. My client has not been convicted so far nor the treason case has been proved. Then why is he being declared ineligible to participate in polls. How matters which have to follow later are being resolved. If this is justice, who can benefit from it?”

After an interval, Afzal resumed his arguments and wanted to translate the interview of Justice Jawwad.

Justice Khilji remarked, “Tell us the motive behind reading this interview. If you have to cut a joke, then tell us clear.”

Afzal said “Justice Jawwad has made clear his stance in his interview.”

Justice Ejaz remarked: “You are citing the entire interview.”

Afzal said if these were the views of a judge, how would he administer justice. “You had given the interview after tendering resignation. You had not met Chief Justice Iftikhar Chaudhry until that time. If the chief Justice can refuse to sit in the bench, why can other judges of SC not do so? The way you have mentioned the name of Mushrraf in the decision reflects bias,” Afzal said, adding that all of the acts were done by the federation as a cabinet was in place.

Justice Khilji Arif remarked, “You want to say this was done by the federation and not Musharraf.”

Justice Jawwad remarked “Tell us in what paragraph name of your client has been mentioned.”

Afzal said his objective was that the chief justice had excused from the bench and a fair trial was not possible due to Justice Jawwad’s presence.

Justice Jawwad said if the matter was so, judges would have to be called from Afghanistan.

Afzal said the imposition of life long ban on Musharraf to run in polls proved that judges would have to be called from Afghanistan.

Justice Jawwad remarked that opportunity of fair trial would be provided to the client and adjourned the proceedings until Monday.