Engineer Jamil, another petitioner, said the government’s stance showed that it was willing to try the dictator therefore time should be granted to it. He informed the bench that in his petition he made 481 persons respondents who were involved in the promulgation of emergency on November 3, 2007.

He, however, clarified that out of them 21 persons were directly responsible for abrogation or subversion of the Constitution, while 451 people were the abettors or conspirators.

http://www.nation.com.pk/E-Paper/islamabad/2013-06-28/page-2

ISLAMABAD – Dispelling the impression of vindictive and unfair trial of Pervez Musharraf under High Treason Act, the Supreme Court and the federation assured his counsels that due process of law and fair treatment would be meted out to the former dictator.

“It is not the vendetta, this is the due process of law as we (government) want to advance the process for the sanctity of the Constitution,” Attorney General Munir A Malik informed a three-member bench headed by Justice Jawwad S Khawaja. The Article 10A provides due process of law, the AG added. He, however, did not give any time frame for the trial.

The bench noted that it was the case of first impression and first time in country’s history petitions had been filed under Article 6. This case will be a precedent for future cases under Article 6 therefore it is necessary to interpret it.

The attorney general said that in accordance with the law, a Special Court comprising serving judges of high courts would be constituted with the consultation of the chief justice of Pakistan.

Objecting to the government’s stance on trial, counsel for Musharraf Ibrahim Satti contended that his client is not afraid of trial under High Treason Act, provided he would have a fair trial without any foreign interference and that all the legal and factual pleas, defences and remedies would be made available to him.

He argued that Musharraf was already facing hardships in getting justice: “Firstly, due to media trial despite the fact that matter is sub judice in the apex court and secondly there is genuine apprehension that former president will have no fair trial under the present setup of the judiciary and the executive whose head was directly affected by the action of Musharraf.

The counsel said ‘his client expects and have full hope that the honourable bench will safeguard and protect his rights being the custodian of fundamental rights of citizens’.

Justice Jawwad said: “Truth will speak as there will be a fair trial and no one should have doubt about it.”

Earlier, petitioner Hamid Khan said that the government should give the time line for completion of trial under high treason and should immediately arrest the former dictator. Declining to entertain his request, the court said this was not an ordinary criminal case.

Engineer Jamil, another petitioner, said the government’s stance showed that it was willing to try the dictator therefore time should be granted to it. He informed the bench that in his petition he made 481 persons respondents who were involved in the promulgation of emergency on November 3, 2007.

He, however, clarified that out of them 21 persons were directly responsible for abrogation or subversion of the Constitution, while 451 people were the abettors or conspirators.

Waseem Rehan, who in 2007 had filed the petition but was rejected by the SC Registrar Office, wanted that everyone should be treated in accordance with law. Justice Khilji said the Constitution also give right to Pervez Musharraf that he should be treated in accordance with the law. Justice Ejaz Afzal said: “We are not to act in retaliation or vindictive manner.”

At the end of the proceeding, counsel for Musharraf, Qamar Afzal, remarked that this case demands acute observation of law, adding that his client was already being victimised and prejudiced due to the Supreme Court proceedings in this case.

After hearing all the parties, the bench reserved its verdict for an indefinite time.