News
Tuesday, November 19, 2013
SC in action to try Musharraf* CJP asks chief justices of all five high courts to give names of one judge each until 19th for constitution of a special court to initiate treason trial against former COAS
By Hasnaat Malik
ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has asked the chief justices of all the high courts to propose one judge each until today (Tuesday) for the constitution of a special court to put former military ruler Pervez Musharraf on trial for treason.
Earlier, the federal government requested the chief justice to constitute a special court, comprising three high court judges, for the treason trial of Musharraf. After going through the contents of the federal government’s letter, the CJP ordered, “Copy of the letter be circulated amongst the learned chief justices of all high courts viz High Court of Balochistan, High Court of Sindh, Lahore High Court, Peshawar High Court and Islamabad High Court so that they may each nominate a judge of their respective court, out of which three names shall be forwarded to the government for the special court. The nomination may reach this Court on 19.11.2013 positively.”
Ministry of Law and Justice Secretary Zafarullah Khan on Monday submitted a one-page letter to the Supreme Court registrar for the constitution of the special court under the Criminal Law Amendment (special courts) Act 1976. “Federal government has decided to invoke the power vested in it under section 4 of the Criminal Law Amendment (Special Courts) Act 1976 (Act No.XVII of 1976 to establish a special court to try General (retired) Pervez Musharraf for various offences falling under section 2 of the High Treason (Punishment Act, 1973 (Act LXVILLL of 1973”
The letter also notes, “The law provides that the special court shall comprise of three serving judges of high courts. Since there are five high courts for the special court, therefore, it would be appropriate that the apex court my nominate any three judges from the high courts for the said special court.” The letter requested that the matter be placed before the chief justice of Pakistan for the nomination of three judges from the high courts. It also requested that out of the three judges, one be nominated as president of the special court, which will be established in Islamabad.
Interior Minister Chaudhry Nisar Ali Khan on Sunday announced that Pervez Musharraf would be tried for treason, which is punishable by death or life imprisonment, for imposing emergency rule in 2007. He said that following the judgement of the Supreme Court and a report submitted by an inquiry committee, it has been decided that legal proceedings should be started against Musharraf (for treason) under Article 6 of the constitution. “It is happening for the first time in the history of Pakistan and the decision has been taken in the national interest,” Nisar said.
It has been learnt that the government has appointed Advocate Zulfiqar Abbas Naqvi as the special prosecutor in the treason case against Musharraf. Political analyst Hasan Askari has said the move by the government appeared to be aimed at deflecting criticism over its failure on various fronts, including law and order and the economy. He warned it would be counterproductive and likely fail. “The government would not be successful in this move because it has no credibility,” veteran lawyer SM Zafar said: “This is something beyond my comprehension.”
“The Supreme Court has nothing to do with this case,” he said. The Supreme Court is the forum where an appeal against the special bench would come finally, he explained. “Moving the Supreme Court to try Musharraf would be a blunder on the part of the government.” SM Zafar said.
Courtesy www.dailytimes.com.pk