Mush beats around the bush as treason trial begins

• Former army strongman files intra-court appeal against special court
• Counsels say former dictator deserves fair trial, case should be heard by military court
• Kasuri says his client is facing legal persecution at the hands of political rivals

Former military ruler General (r) Pervez Musharraf is set to go on trial today (Wednesday) for high treason, as his lawyers filed an intra-court appeal on Tuesday against the special court constituted to try him in the case.

The appeal was submitted by Dr Khalid Ranjha and Faisal Pervez on behalf of Musharraf against the decision taken by the single bench of the Islamabad High Court (IHC) comprising Justice Riaz Ahmed Khan who had rejected all three pleas by Musharraf against the special court formed to try him for treason.

The appeal also urged the court to restrict the special court from functioning, stating that Musharraf should get a chance of fair trial and therefore the trial be carried out in a military court.

The petitioner has alleged that the constitution of a special court is a joint conspiracy by the prime minister and former chief justice of Pakistan hence it should not be allowed to work.

Musharraf has been summoned by the special court on January 1 (today) to face treason charges under Article 6 of the Constitution. He has been accused of subverting, suspending and abrogating the Constitution, imposing emergency in November 2007 and detaining the judges.

Meanwhile, the IHC granted Musharraf’s counsel time until Jan 3 to submit documents pertaining to an application which had sought immunity for the former president from appearing in court in the treason case.

IHC Justice Shaukat Aziz Siddiqui heard the application submitted by Akhtar Shah on behalf of the former president.

During the hearing, Justice Siddiqui told Akhtar Shah that he was not a party to the case and that the application should have been personally filed by the former president.

Subsequently, the applicant requested the court to grant more time to submit relevant documents on Musharraf’s behalf following which the IHC adjourned the hearing until Jan 3.

LEGAL PERSECUTION:

While Interior Minister Chaudhry Nisar believes there is ample evidence to convict the former military strongman for treaon, but Musharraf’s lawyers say he is facing legal persecution at the hands of his political rivals.

In a country that has witnessed several military interventions in the past, this is the first time any civilian administration has tried to hold a former military ruler accountable for his political sins.

However, Musharraf’s lawyers believe the case against their client raises a number of legal questions.

They point out that while Musharraf had toppled Nawaz Sharif’s previous administration in October 1999 before assuming political power, the treason trial only considers evidence from November 2007, when Musharraf had imposed a State of Emergency, and sent members of its superior judiciary home.

While Musharraf maintains his trial is politically motivated, his lawyers believe that Article 6 of the Constitution — which deals with the subject of High Treason — has been selectively employed against their client.

Musharraf’s lawyer Ahmed Raza Kasuri said: “If they were to go back, then under Article 6 (2), where there are three magic words, aider, abettor and collaborator, who are equally responsible as the person accused for the subversion and abrogation of the Constitution, will also be held accountable. Our research cell shows there are 700 such individuals, including bureaucrats and judges. This will open the Pandora’s box.”

According to many political observers, Musharraf’s trial can help address the protracted issue of civil-military imbalance in Pakistan.

However, it is yet to be seen if this set to be long drawn out case will actually strengthen democracy in the country, and bring an end to future military interventions in Pakistan.