ISLAMABAD: The Supreme Court was informed on Monday that the federation would not commence any legal proceeding pursuant to article 6 of the constitution against former President General (Retd) Pervez Musharraf as it's not in the mandate of Caretaker Government.
Ali Zai, Additional Advocate General submitted written statement on behalf of the Government before the Supreme Court stating that the Caretaker Government would avoid taking any controversial step to initiate proceeding against Musharraf.
"The parliamentary practice in relation to caretaker government is that they need to confine their work to day to day routine matters and effectively maintain the status quo for the incoming elected government.
As per the said practices the caretaker government should avoid taking any controversial step and should not commit any process that is not reversible by the incoming elected government," Ali Zai submitted in a written reply.
This was apprised to a three-judge bench comprising Justice Jawwad S. Khawaja, Justice Khilji Arif Hussain and Justice Ijaz Afzal Khan when the bench resumed hearing of the high treason case against General (Retd) Pervez Musharraf.
During the course of proceeding, Additional Secretary Interior lamented that the ministry does not have any record of high treason against Musharraf.
The apex court expressed surprised when it came to know that the Home department also did not have any record relating to the resolution passed by the Senate.
Justice Khawaja stated, "This is what we were finding out. Nothing has happened till now and nor will anything happen in future" and termed it lethargic attitude of the Caretaker Government.
Ahmad Raza Kasuri, counsel for Musharraf apprised the court that they were not allowed to meet their client from the last three days even after the orders by the apex court.
On this, the apex court repeated its order to concerned authorities to allow the three persons namely as Ahmad Raza Kasuri, Qamar Afzal and Ibrahim Satti, the counsels for Musharraf to meet with their client today and directed the authorities to inform the court on it.
Jawwad S. Khawaja stated that today Ali Zai cleared the state's point of view before the bench that the state would not initiate any type of legal proceedings against Musharraf for establishing criminal special court for his trial and in these circumstances the apex court had to pass an order.
The Bench noted that according to the notification dated 29 December, 1994 the secretary interior will be the authority to file complaint against accused of high treason but the Home department is yet to do so.
Later, the court adjourned further hearing till April 23.
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