Musharraf's sentence: CJP Khosa rejects remarks attributed to him

Chief Justice of Pakistan Asif Saeed Khan Khosa on Wednesday contradicted the news reports aired/published by different TV channels and newspapers attributing several statements to him regarding the Musharraf high treason case.

The Chief Justice on Tuesday (17-12-19) held an informal meeting with the office-bearers of Press Association of the Supreme Court of Pakistan.

The SC statement said some misleading and out of context news items were aired/published by different TV channels and newspapers, without identifying any source, attributing the statements to the Chief Justice i.e. "Musharraf case was very clear: CJP sources; Musharraf was provided numerous opportunities: CJP sources; these people wanted to prolong the case so it continue for years: CJP sources; and despite the delaying tactics the case taken to its logical conclusion: CJP sources."

The press release said that the news items created an impression that the Chief Justice of Pakistan was personally involved in the progress of the case before the Special Court. It was clarified that different benches of the Supreme Court of Pakistan had been hearing different aspects of the case of General Pervez Musharraf (retd) and had passed various orders for early disposition of the said case.

For instance CP No.118/2016 (against the judgment dated 09.02.2015 passed by the Islamabad High Court, Islamabad in WP No.3980/15) titled the "Abdul Hameed Dogar Vs federal government through secretary Ministry of Interior and 02 others" was heard and decided in the year 2016 by a three-member bench headed by Justice Asif Saeed Khan Khosa and comprising Justice Sardar Tariq Masood and Justice Tariq Pervez.

The bench had passed the order: "...the Special Court is therefore expected to proceed with the trial of respondent No. 2 with all convenient dispatch and without any unnecessary delay."

In another case, Civil Review Petition No. 513/14 in Constitution Petition No. 14/2013 "Lahore High Court Bar Association Vs General (R) Pervez Musharraf, etc", a three-member bench of the Supreme Court of Pakistan headed by the Chief Justice of Pakistan Asif Saeed Khan Khosa and comprising Justice Syed Mansoor Ali Shah and Justice Muneeb Akhtar that had passed the order; "For the above reasons, the Special Court shall proceed with the trial on the next date of hearing.

In case, the accused surrenders and appears before the court, he would be entitled to record his statement under section 342 CrPC and lead any other defense under the law. However, in case the accused fails to appear on the next date of hearing, being a proclaimed offender, the Special Court is empowered to proceed against the accused even in his absence under Section 9 of the Act."

The Chief Justice had not issued any direction of any sort to the Special Court other than the judicial directions issued by the relevant benches of the Supreme Court in those cases, which already stand published in the law reports of the country.

It said the news items aired/published by the media were baseless, concocted, false, stage managed, out of context and contrary to the facts. The media was directed to ensure accuracy in reporting in future.

Copyright Business Recorder, 2019

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