The counsel for former President Pervez Musharraf on Tuesday told Supreme Court that if his client was tried under Article 6, over 400 to 500 people would also follow suit for aiding and abetting a serious crime.
A three-judge bench of the Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Ejaz Afzal was hearing identical petitions that had sought the trial of former president and army chief Pervez Musharraf under Article 6 for allegedly committing high treason.
Ahmad Raza Qasuri contended that it is not only Musharraf and the then prime minister, the entire cabinet, parliamentarians, chief ministers, governors and secretaries should also be held responsible for proclamation of emergency on November 3, 2007. Justice Khawaja observed that the bench should determine the active participation and role of different abettors. Qasuri replied that 400 to 500 persons fell in the category of committing subversion, aiding and abetting. Justice Khawaja observed it meant the counsel you wanted action against the one who subverted the constitution and all those who aided and abetted him. Justice Khilji Arif Hussain remarked that the rule of law would not weaken the country; rather it would strengthen it.
Qasuri's arguments infuriated some lawyers in the court room, who were once part of lawyers' movement. Qasuri had said: "The lawyers' movement was a foreign-funded and project meant to destabilise the country". Former President Lahore High Court Bar Association, Rawalpindi, Sheikh Ahsanuddin, who is also one of the petitioners, raised objection to counsel's remarks and prayed the bench to stop him from making "uncalled for" assertions.
Justice Khawaja observed: "Let him say whatever he wants; it was an awakening after the judiciary rejected unconstitutional steps and the lawyers with masses came out against the steps that were unacceptable". However, Justice Khawaja asked Qasuri to lay stress on legal arguments rather than political arguments. He observed days have gone when judiciary used to shy away from facing tough questions. According to him, the rule of law will never destabilise the country. Qasuri argued that all the members of national assembly and senate would be held accountable for abetting as they voted for validation of the unconstitutional step of 1999 and the judges who took oath first and then legalised the martial law through a court judgement.
"Do you want to say that all those who distributed sweets on October 12 1999 when an elected government was dissolved by a military dictator should be held responsible for the unconstitutional step?" Justice Khilji Arif Hussain said. Later, the hearing of case was adjourned till May 8 (today).