Supreme Court Justice Jawwad S Khawaja on Wednesday said the court had no intent to put Pervez Musharraf on trial, but no one could be allowed to abrogate the constitution.
He passed the remarks while presiding over a three-member bench hearing the Musharraf treason case.
Counsels for Musharraf declined to give further arguments until the constitution of full court.
The counsels, including Ibrahim Satti and Ahmad Raza Kasuri, said their client had called them and discussed the case in detail with him.
“Our client has stopped us from giving more arguments and directed us that a new bench will hear further arguments and arguments be now given before a new bench.”
Satti presented the summary of his arguments in the court, saying he himself was surprised why Musharraf had stopped them from giving arguments.
“I am, however, bound to abide by the directives of my client,” he added.
Justice Jawwad said, “Some one is talking of trial of 300 to 400 persons and one lawyer is saying Musharraf be not tried otherwise the system of the country would stand disrupted. It is beyond our comprehension who is the leading counsel of Musharraf despite the fact we were told that arguments would be completed by May 11. Now this new development has come before us.”
Satti said he had not talked of trial of hundreds of people and he had been defending his client only.
He further said it was not the domain of the court to decide the matter of abrogation of constitution. “It is up to the administration to decide if it was a case of abrogation of the constitution or otherwise. No one among petitioners can file petition as it does not, in any way, come in the ambit of their defence.”
Satti said if the court pronounced a decision against Musharraf and it was written therein that abrogation of constitution was established, a trial would be conducted of what matter. “Musharraf will be convicted then and no chance of defence will remain.” “Had the petitioners made this request earlier the situation would have been different today. Decision was pronounced in 2005. No mention of martial law is made in the 17th Amendment and LFO. The petitioners have not filed appeal against the July 31 decision. No judge has written any note. But all have come here after filing of petition by Moulvi Iqbal Haider. Musharraf be not put to trial,” Satti added.
Ahmad Raza Kasuri said directives had been received at 2300 hrs that further arguments might be not given.
“If Musharraf is to be convicted, all those who assisted and sided with him be also put to trial and convicted. Why is only one person being convicted.”
Justice Jawad remarked, “We have no intention to put Musharraf on trial. A three-member bench is not entitled to make any addition or subtraction with reference to judgment of 14-member bench. Decision rendered by 14-member bench is silent over the matter of abrogation of constitution. Article 6 is clear in itself that how proceedings will be initiated in this respect.”
Justice Khilji said there was contradiction in the arguments of the counsels of Pervez Musharraf.
Justice Jawwad added that not only “we but every member of the nation has resolved that no one will be allowed to abrogate the constitution. We want all avenues like this shut for ever.”
The court adjourned the hearing until today (Thursday), seeking a reply from Musharraf about who his leading counsel was and whose arguments should be given importance by the court.
Pakistan is a S**t hole. There is no rule os law when terrorists are set free by courts and honest and sincere leaders are persecuted by corrupt Judges and Politicians.
Down the drain from here, No Hope. Not Even Imran can save the country from the Evil hold of the Mullahs and vulture politicians.
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