ISLAMABAD, (SANA): The Supreme Court of Pakistan has issued notices to former president general (retd) Pervez Musharraf and Federation for today (Tuesday) on the identical petitions filed for registration of high treason case against Musharraf. The former president has been directed to appear in person or through his counsel before the court for submitting his reply on the petitions. The court in its order said Musharraf should appear before the court and should inform why proceedings of high treason not be initiated against him.
A two-member bench of the apex court headed by Justice Jawad S Khawaja and comprising Justice Khilji Arif Hussain on Monday conducted hearing of the petitions to put former president general (retd) Pervez Musharraf on trial for high treason. The court issued a notice to the federal government for its stance on the case.
During proceedings of the treason case against Pervez Musharraf, the Supreme Court directed the Interior Secretary to ensure that the former president does not leave the country.
The court said that if Pervez Musharraf fled from the country, then all the institutions would be responsible, adding that it should be ensured that Pervez Musharraf should remain in the country.
The apex court also summoned a report from the Interior Secretary regarding the name of Pervez Musharraf being placed on the Exit Control List (ECL).
The bench also directed Secretary Interior to ensure that Musharraf does not leave the country and ordered that his name be added to the exit control list (ECL).
The apex court directed IG Islamabad and all the IGs of the provinces to ensure implementation of its order that Pervez Musharraf, who is currently in the capital, should appear before the bench.
Justice Jawad S Khawaja inquired as to which court would hear the treason case against Pervez Musharraf. Justice Khilji Arif remarked that the constitution clearly states that those who violate it must be tried under article 6.
The counsel of petitioner Maulvi Iqbal Haider, A K Dogar argued that Pervez Musharraf had imposed emergency and he should be tried under article 6 of the constitution.
He added that according to the July 31 judgment, Pervez Musharraf violated the constitution and action should be taken against him.
According to A K Dogar, the federation had not taken any steps to initiate action against Pervez Musharraf.
According to the petitioners, Pervez Musharraf was given special protocol, upon this, the court summoned reply from the federal government.
Justice Jawad S Khawaja remarked that a notice would be issued to find out the motive of the federation. He further said that it was the responsibility of the court to ensure the requirements of justice were being fulfilled.
A K Dogar said that a notice had been issued to Pervez Musharraf during proceedings of the case against the imposition of the November 9 emergency.
Meanwhile, the counsel of Lahore High Court Bar Association President Taufiq Asif, Hamid Khan argued that according to the 1973 treason law, the federal government had to designate someone for the trial. On January 23, 2012 the Senate approved a resolution that Pervez Musharraf should be arrested upon his return to Pakistan.
He added that despite the courts order and Senate resolution the former president had not been arrested.
“Pervez Musharraf should be prosecuted for high treason because he is guilty of subversion of constitution,” “He should be punished with death or be jailed for life,” lawyer Hamid Khan prayed the court.
Justice Jawad S Khawaja said the court had already declared the emergency rule imposed by Pervez Musharraf in 2007 as unconstitutional and asked what action the state had taken in response.
Justice Jawad S Khawaja said that it is the responsibility of the court to fulfill the requirements of the justice, adding that the action against Pervez Musharraf was to be taken by the government.
Justice Jawad S Khawaja said that it is clear that the action is to be taken against Pervez Musharraf
A defence lawyer for Pervez Musharraf, Syed Afshan Adil said that the court should not entertain the petitions against her client because “only a state can initiate high treason case”.
The Supreme Court heard petitions brought by various lawyers who want Pervez Musharraf tried for treason for imposing emergency rule and arresting judges in 2007, a move that ultimately paved the way for his downfall.
The court heard set of four petitions in the treason case and later issued notices to all parties to appear Today (Tuesday). The court adjourned hearing of the case n till April 9 (Today).