ISLAMABAD: former president general (retd) Parvez Musharraf’s counsel in treason case has said that justice cannot be provided until the tribunal was established under the light of law. Meanwhile prosecutor Akram Sheikh said the consultation with the cabinet for the formation of the special court was not necessary. Meanwhile Justice Faisal Arab has said that it was proved that the cabinet was not consulted for the formation of the special court. The court adjourned the further hearing of the case till today (Tuesday).
A three-member bench of special court headed by Justice Faisal Arab and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali Khan heard the allegations of treason levelled against former president Pervez Musharraf on Monday.
During the course of proceedings, one of the lawyers presenting Musharraf, Advocate Anwar Mansoor Khan said provision of justice was the right of every individual according to the Article 9 of the constitution, adding that ex-Chief Justice of Pakistan Iftikhar Muhammad Chaudhry should have not been consulted over the formation of special court.
Advocate Anwar further said the accused will not be provided justice until the bench was impartial. He said the appointment of judges should have been made after the approval of cabinet.
Justice Faisal Arab remarked the government had to consult concerned chief justices; on which Anwar said the federal cabinet could have asked the respective chief justices of high court, adding that former chief justice Iftikhar Muhammad Chaudhry had no legal role in the appointment.
Musharraf’s counsel also said that abettors and facilitators in taking unconstitutional step were equally responsible under Article 6, arguing that targeting one individual was not only a violation of constitution but also of international conventions.
The nomination of judges of the special court for treason trial was the exclusive right of the federal government and consultations with the chief justice should not have been done, Anwar Mansoor said.
Anwar Mansoor said that the federal government alone has the authority to nominate the judges for the special court.
Anwar Mansoor referring to Prime Minister Nawaz Sharif’s interview to a private TV channel presented a clipping of local newspaper in the court, which reported that Nawaz Sharif in his interview had said, “Proceeding under Article 6 was started on the order of the Supreme Court, he has no personal grudge or enmity with anyone and the names of the judges of special court were also given to him.”
Justice Faisal Arab inquired from prosecutor Akram Sheikh whether cabinet was taken into confidence for formation of special court; upon this Akram Sheikh said that the consultation with the cabinet for the formation of the special court was not necessary. He said this is criminal case like other cases, adding that the action has been taken under the FIA law. He said that the law is equal for all citizens. He said according to rules of business the consultation with the cabinet was not necessary. He said that the process of consultations has been given in the rule 16 of the rules of business. The court adjourned further hearing of the case till today (Tuesday).