A constitutional and contempt of court petition was filed in Supreme Court on Monday, seeking initiation of contempt of court proceedings against 21 top functionaries of Musharraf-led government, including the latter, for violating the apex court's November 3, 2007 restraining order.
The petition was filed by Muhammad Azeem through Advocate Aftab Ahmed Bajwa under Article 184(3), read with Article 204 of the constitution making 21 top military and civilian functionaries of Musharraf-led government, as respondents, who held top public offices when emergency was clamped on November 3, 2007.
The respondents include federal government through cabinet division, former prime minister Shaukat Aziz, former governor Punjab Lieutenant General (Retd) Khalid Maqbool, governor Sindh Dr Ishratul Ibad Khan, governor KP Awais Ahmed Ghani, governor Balochistan Nawab Zulfiqar Ahmed Magsi, Lieutenant General (Retd) Tariq Majeed, former chairman JCSC, Lieutenant General Ashfaq Pervaiz Kayani, the then vice chief of army staff, Lieutenant General Salahuddin Satti, chief of general staff.
Lieutenant General Nadeem Taj, the then DG ISI, Lieutenant General Waseem Ahmed Ashraf, the then Corps Commander XXX Gujranwala, Lieutenant General Muhammad Masud Aslam, the then Corps Commander XI Peshawar, Lieutenant General Shafatullah Shah, thee then Corps Commander IV Corps Lahore, Lieutenant General Sikandar Afzal, the then Corps Commander II Corps Multan, Lieutenant General Sajjad Akram, the then Corps Commander, I Corps Mangla, Lieutenant General Khalid Shamim Wyne , the then Corps Commander XII Corps Quetta, Lieutenant General Mohsin Kamal, the then Corps Commander X Corps Rawalpindi, Lieutenant General Javaid Zia, the then Corps Commander V Corps Karachi, Lieutenant General Raza Muhammad Khan, the then Corps Commander XXXI Corps Bhawalpur and General (r) Pervez Musharraf, the then chief of army staff.
The petitioner prayed the court to summon the respondents, prosecute and punish them for committing contempt of court by violating the apex court's November 3, 2007 restraining orders. He further prayed the court to equally treat all the contemnors of restrain order of the apex court to safeguard the principles of equality before the law.
He said it has been held by a 14-member larger bench of the Supreme Court that the respondents have breached the constitution and violated the apex court's November 3, 2007 restraining orders, thus on the same ground alone, the respondents are liable for action under the provisions of Contempt of Court Ordinance 2003.
He said the contempt of court proceedings have already been initiated against the superior courts' judges, who had taken oath under the Provisional Constitutional Order (PCO) of November 3,2007, thus the respondents being principal accused are also liable for the same action, as a solitary action against one set of accused will result into undercutting the authority and independence of judiciary and will give rise to the public perception that the respondents are above the law and the constitution and cannot be punished for subversion of the constitution.
"It is a settled law that all the abettors are to be tried with or after the principal accused and the criminal action against joint offender is required under the law to be taken jointly", the petitioner added.
He said the criminal dispensation of justice requires that proceedings for joint offenders must be taken together against all the accused persons. Citing various judgements of the Supreme Court, he said it is a settled law that all the persons involved in the commission or omission of similar facts are to be considered as similarly situated.
He said the law requires that people charged with similar offence during same transaction or transactions are to be jointly tried. He said such rule of law, practice and procedure are derived from the principles of equality and the similar view has been expressed by the apex court in its various verdicts.
A seven-member Supreme Court bench in its restraining order of November 3, 2007 had restrained all the constitutional functionaries - the government of Pakistan, the then president, then prime minister, former army chief, corps commanders and sitting judges of the superior courts, from indulging in any unconstitutional step under the November 3, 2007 emergency and its subsequent actions.