Musharraf high treason case: Interior Ministry moves IHC against verdict announcement

The Interior Ministry on Monday approached the Islamabad High Court (IHC) against the reserving of judgment by Special Court against former army chief General Pervez Musharraf (retd) in the high treason case.

A three-judge Special Court presided over by Justice Waqar Ahmed Seth and comprising Justice Nazar Akbar and Justice Shahid Kareem on November 19 had reserved the verdict, which will be announced on November 28.

Musharraf is facing high treason under Article 6 of the Constitution for suspending and abrogating Constitution on 3rd November and promulgating emergency and Provisional Constitution Order (PCO) in the country.

The secretary interior filed the petition under Article 199 of Constitution to set aside the Special Court November 19, 2019 order. The petitioner stated that the Special Court's decision to reserve its verdict in the case is in violation of the Constitution because it was issued without giving the ministry an opportunity to notify a new prosecution team in the case and because the judgement is set to be passed without hearing the prosecution during the trial.

The secretary interior in the last hearing had informed the Special Court that they had de-notified the notification about earlier prosecution team and sought sometime to issue fresh notification of new prosecution team. Justice Waqar Ahmed Seth, head of Special Court raised question whether the government has sought court permission before changing the entire prosecution team and said, "It is unacceptable and hence refused."

The ministry has stated if the special court proceeds to pass its judgement without hearing the prosecution, "the accused (Musharraf) will be handed an opportunity to escape punishment for purely technical legal faults."

It argues that the federal government has the mandate to change the prosecution team and cites a "defective application of procedure, lengthy delay and expense incurred at [the] trial" as reasons for denotifying the prosecution team in Musharraf's case.

According to the petition, the initial prosecution team after being de-notified on October 23, 2019, had no authority to file written arguments on behalf of the federal government, not to represent it at the hearing on Oct 24. Therefore, any verdict issued on the basis of these written arguments filed unlawfully "cannot be deemed to be a judgement [passed] after hearing the prosecution", stated the plea.

The ministry has requested the IHC to set aside the special court's Nov 19 order to reserve its judgement in the high treason case. It adds that in the interim, the operation of the order be suspended, and the Interior Ministry be given the opportunity to re-notify a prosecution team for the case.

The petition has asked the IHC to restrain the Special Court from issuing its final judgement in the case until the requirements of Section 6 of the Criminal Law Amendment (Special Court) Act, 1976, have been complied with.

Meanwhile, Barrister Salman Safdar, who earlier had represented General Musharraf has also filed petition in the IHC. He requested the High Court to set aside and declare void the unconstitutional order of the Special Court dated 12-06-2019 wherein the accused has been denied the right to a counsel of his choice and is being tried in involuntary absence.

As Pervez Musharraf was unable to return to Pakistan due to his medical condition, the Special Court on 19-06-2016 declared him proclaimed offender and seized his family property under Sections 87 & 88 of Criminal Procedure Code 1898. The proceedings did not continue for another two years before the Special Court on 10-09-2018 finally reconvened the trial and from 09-10-18 onwards began to hear it on a day to day basis in the absence of the accused.

Salman maintained that he was chosen by General Musharraf to represent him in the high treason case and on 28-03-2019 he filed an application under Section 265-K CrPC 1898. On 02-05-2019, he filed an application for adjournment on the grounds that Pervez Musharraf is critically ill and unable o travel. However, the Special Court on the next date disregarding the critical condition of General Musharraf passed the order removing the petitioner (Salman) from defending the army chief and appointed Raza Bashir Advocate to defend Gen Musharraf.