Supreme Court (SC) on Monday directed Attorney General (AG) Munir A Malik to file a written reply by June 27 on steps taken by the government to prosecute Pervez Musharraf under article 6 of the constitution.
Presenting government’s reply in court, the AG said the government had held out assurance to the court and people that those violating the constitution would be put to trial in the court of law and proceedings would be initiated against them per law and constitution.
A three-member bench presided by Justice Jawwad S Khawaja heard the high treason case against Pervez Musharraf on Monday.
The court allowed the government only three days instead of 30 for filing a written reply. The court also rejected Hamid Khan’s plea for issuing orders to arrest Musharraf.
The AG said Nawaz Sharif had assured the court and the masses that his government will initiate proceedings per law. Political parties will also be consulted in this respect, he added. Senate has also adopted a resolution in this regard and the government will initiate proceedings in compliance with the resolution, he said.
Justice Jawwad Khawaja said, “You don’t seem to be taking action. Your reply is not clear.”
Justice Ejaz remarked, “Who will set up court and how will all of this be done. Federal government has to set up the court. The complaint ought to be registered under section 3 following which the court will be set up.”
He went on to say, “You please continue to hold political consultations but the law and constitution do not require it.”
The AG said the statement had two parts. “One part relates to seeking evidence and since this is a national issue, we want to initiate proceedings against all those who have abrogated the constitution. We will do it; no matter whosoever, including Musharraf, is involved in it,” said Malik.
Justice Khilji remarked, “If someone is murdered then responsibility rests with the concerned institutions to register FIR. A person murdered the constitution and you want to investigate?”
Justice Khawaja remarked that there were 627 persons who had perhaps abetted in sabotaging the constitution. “May be we will have to take action against them,” he stated.
Malik said the previous government had not taken a clear stance on this matter. He said the prime minister will take the National Assembly into confidence and will deliver a speech with reference to it. Necessary steps will be taken in this regard, he added.
The AG asked for 30 days to inform the court on all these matters. He said the caretaker government refused to prosecute the case owing to its constitutional mandate. Now, he said, action will be taken according to law.
Ibrahim Satti and Ahmad Raza Kasuri, counsels for Pervez Musharraf, said no court including SC could issue orders for initiation of proceedings under article 6 of the constitution. This right is held only by the federal government, they said.
They said the court should not issue any such order at the moment which could influence the trial process in Musharraf’s case. Media should also be barred from writing the Musharraf case as ‘Musharraf treason case,’ they prayed.
The court adjourned hearing of the case until Thursday.
