A three-judge bench of the Supreme Court was urged on Thursday to form a larger bench to hear five identical petitions that had sought the trial of former President and army chief Pervez Musharraf under Article 6 for allegedly committing high treason. A bench led by Justice Jawwad S Khawaja and comprising Justice Khilji Arif Hussain and Justice Ejaz Afzal resumed the hearing of identical petitions.
Representing Musharraf, Qamar Afzal finalised arguments in relation to the constitution of a larger bench on grounds that the current issue was of very important nature. The court had already rejected the pleas for the constitution of a full bench and instead added a judge to the previously formed two-member bench that was hearing this case. Justice Khawaja observed that the bench was expanded on the request of Raja Ibrahim Satti, another attorney representing Musharraf.
Afzal contended that the trial in the present matter should be seen to be conducted in a free and fair manner, saying in 2007, Justice Jawwad had criticised the steps taken by the then President Musharraf in an interview and had resigned to show solidarity with Chief Justice Iftikhar Muhammad Chaudhry, "which showed his prejudice."
Justice Jawwad challenged the counsel to produce any primary evidence to substantiate his claim that the interview reflected his bias, saying he resigned because the Lahore High Court did not give a unanimous decision in this regard. Afzal argued that no one could be tried on the basis of mere allegations, particularly under Article 6 of the Constitution. Justice Jawwad observed that the trial was not important because of Musharraf's involvement but that its focus was Article 6 of the Constitution. The hearing of case was adjourned till May 6.
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