The federal government said on Wednesday that a Special Court trying former army chief and President Pervez Musharraf under Article 6 has no jurisdiction to implead former prime minister Shaukat Aziz, former Chief Justice Abdul Hameed Dogar and former law minister Zahid Hamid as co-accused especially when the prosecution had completed and closed the evidence.
Abdul Hameed Dogar, Shaukat Aziz and Zahid Hamid had approached the Islamabad High Court (IHC) against Special Court's order of November 21, 2014 through which the concerned authorities were asked to include the names of all the three persons in a high treason case. The IHC had barred the Special Court from further proceedings in the matter after issuing notices to respondents for replies.
Submitting its reply before a single member bench of the IHC Justice Athar Minallah, the federation opposed the direction to include Aziz, Dogar and Hamid in the treason case, saying that under the High Treason (Punishment) Act, 1973 and Criminal Law Amendment (Special Court) Act, 1976 the federal government could nominate an accused person after thorough investigation against a person.
The reply added that the special court then could not assume the power of the complainant and the investigation agency. Appearing before IHC in the matter on Wednesday, additional attorney general Afnan Karim Kundi submitted a reply. The bench said that from next date of hearing day-to-day proceedings would be conducted in the matter and adjourned the hearing till May 19.