ISLAMABAD: Issuing its short order, the Islamabad High Court (IHC) on Monday rejected all applications filed by former president general (retd) Pervez Mushrraf against the formation of the special court.
Parvez Musharraf will appear before the three-member special court headed by Justice Faisal Arab and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali Khan formed for his treason trial today (Tuesday) at the National Library Building.
Former president’s attorney Anwar Mansoor Khan filed three separate pleas in the Islamabad High Court challenging the formation of special court along with the appointment of prosecutors and judges for his trial.
Justice Riaz Ahmed Khan announced the brief verdict which was earlier reserved by the court.
In his three separate applications, the former army chief had challenged the special court set up to try him for high treason, the appointment of judges for the trial and nomination of prosecutor general.
He stated in the pleas that the court has been set up against the law and legal demands and without federal cabinet’s approval. He described the trial court judges as ‘biased’ and ‘partial’.
The petition stated that Musharraf had taken the November 03 actions as Army Chief and his trial should be under the army act.
The second petition filed by Barrister Anwar Mansoor challenged the appointment of the judges for the special court. The third petition also filed by Barrister Anwar Mansoor challenged the appointment of Akram Sheikh as prosecutor in the treason case.
In these two petitions, Barrister Anwar Mansoor had taken the position that the appointments were illegitimate. He said that all the judges of the special court are not impartial. He said that the notification of the special court has also not been issued with consultation.
Anwar Mansoor said Justice Faisal Arab had refused to take oath under PCO, adding Tahira Safdar was supporter of former chief justice and Justice Yawar is the close relative of former justice Khalilur Rehman Ramday.
Aanwar Mansoor said former chief justice Iftikhar Chaudhry was not impartial person, adding Prime Minister Nawaz Sharif has ordered trial of Musharraf because the former was thrown out from power by later. He said prosecutor Akram Sheikh is also not impartial person, adding that the Supreme Court itself declared that the impartial person would be appointed as the prosecutor.
Musharraf, who remained under house arrest for more than six months in his sprawling Chak Shahzad farmhouse in Islamabad, has been granted bail in all cases against him and now he is facing trial for high treason.
Barrister Anwar Mansoor on behalf of Pervez Musharraf, challenging the setting up of special court and appointment of judges for his client’s trial in treason case, made a plea that their appointment was not legitimate.
Pervez Musharraf’s attorney Dr Khalid Ranjha had argued that proceedings against Musharraf could not be taken up under the Article 6.
The ex-army chief could be tried under the Army Act and the special court could not prosecute him, he added.
In November, the government announced it would put the former military ruler on trial for high treason and he has been ordered to appear before a special court today (Tuesday).
It will be the first time in Pakistan’s history that a former military ruler will face trial for treason.
It may be recalled that Pervez Musharraf’s counsel, Khalid Ranjha during previous hearing had taken the stance that his client had taken November 3 action in consultations with the relevant persons, it was an action taken by Army chief and, therefore, he could be prosecuted under Army Act section 92 only.