Reserving it judgement on former Chief Justice of Pakistan Abdul Hameed Dogar' appeal on Wednesday, the Supreme Court observed that justice would be dispensed in the matter without taking note of Pervez Musharraf act towards senior judiciary members during the emergency in the country.
A three member judge Special Court trying former army chief and President Pervez Musharraf on November 27, 2015, had issued directives to Federal Investigation Agency (FIA) to submit a report after investigating the role of various "facilitators", including former prime minister Shaukat Aziz, Justice Abdul Hameed Dogar and the incumbent federal minister for climate change, Zahid Hamid in the imposition of November 3, 2007 emergency in the country.
Dogar invoked the Islamabad High Court's (IHC) jurisdiction against the Special court's order which refused to agree with the plea on grounds of maintainability. Former Chief Justice Dogar's counsel Syed Iftikhar Gillani challenged the High Court's decision in the top court, seeking annulment of the Special Court's order. Appearing before a three-member bench of Justice Asif Saeed Khan Khosa in the matter, Musharraf's counsel Barrister Dr Farogh Nasim contended that the federal government had informed the IHC about a fresh investigation into the high treason case.
Nasim further pleaded that if Dogar disagrees with the re-investigation into the high treason case then why he gave his consent to the purpose before the IHC in the matter. To which Justice Khosa remarked: "Maybe the petitioner has given his consent for the re-investigation with an intention that after the assent his name would be excluded but it didn't happen". Hinting at the possibility of announcing its verdict in the next two days, Justice Khosa observed that the court has to examine all the legal aspects of the authority of the Special Court for re-investigation orders in the high treason case.
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