Lawyer says Supreme Court proceedings might influence FIA probe against Musharraf

ISLAMABAD: The counsel for former army chief Pervez Musharraf has expressed his apprehension that the Supreme Court's ongoing proceedings might influence the FIA team's investigations against his client.

Malik Qamar Afzal, one of the counsels for Musharraf, requested the bench to dispose of the matter on Friday, but the bench observed that they would like to provide equal opportunities to all the petitioners and respondents in the matter.

A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, on Friday observed that fair and free trial would be ensured in the current matter, as it was the fundamental right of Pervez Musharraf under Article 10A of the constitution.

Attorney General Munir A Malik did not attend Friday's proceedings due to prior commitments, while the deputy attorney general told the bench that it was reported in the media that the verdict had been reserved.

The counsel for Musharraf, Ibrahim Satti, said he thought that the hearing had been adjourned.

At the beginning of the hearing, the bench was informed that Attorney General Munir A Malik was busy in cases before the chief justice of Pakistan's bench since morning, and was not likely to be available for the day. The deputy attorney general cited some media reports in the matter, saying there was an impression that the court had reserved its judgement in the matter.

Raja Ibrahim Sati, another counsel for Musharraf, said that he thought that the hearing had been adjourned, upon which Justice Jawwad S Khawaja observed that the case hearing was being conducted almost on a daily basis.

During the proceedings, Malik Qamar Afzal pleaded to deliver verbal arguments in the instant matter, but the bench turned down his request.

The bench ruled, "Malik Qamar Afzal, ASC [advocate Supreme Court] wishes to make oral submission, which prima facie, do not appear reasonable because we are adjourning the case, however, still, if he wishes to make submissions, let him do so by filing a formal civil miscellaneous application."

Four-member FIA committee to probe Musharraf treason case

ISLAMABAD: Pakistan's federal government has moved one step closer to putting former military dictator General (Retd) Pervez Musharraf on trial for treason, by appointing a committee to investigate him for subverting the constitution.

Federal Interior Minister Chaudhry Nisar Ali Khan informed the National Assembly on Thursday that a four-member committee of the Federal Investigation Agency (FIA) had been constituted to probe treason charges against the former military chief.

Nisar said the investigating team comprises of two directors and two additional director-generals of the FIA, and that the team would complete its investigations over treason charges against Musharraf and submit a report to the government soon.

He added that the committee would hold meetings with him on a weekly basis.

Ppposition member and Pakistan Peoples Party (PPP) senior leader Makhdoom Amin Faheem said Article 6 of the Constitution should be applicable on everyone from October 1999 onwards. He said that applying the law only to the former dictator's November 2007 actions was tantamount to double standards.

Faheem said his party had supported Prime Minister Nawaz Sharif's announcement to try former President Musharraf in the high treason case, adding that it was for the first time in the country's history that the government has moved the court on Article 6.

He further said that justice should be served and accountability should be carried out across the board.

Speaking to a private television channel earlier on Wednesday, Faheem had said that the apex court should have also taken up the 1977 coup by former military dictator Zia ul Haq.

Another opposition member of the National Assembly, Awami Muslim League chief Sheikh Rasheed Ahmed, said that Article 6 should be applicable to all who committed treason 1956 onwards.

Speculation has been rife during the past two days over the seriousness of the Pakistan Muslim League - Nawaz (PML-N) government in pursuing the treason cases against Musharraf.

Meanwhile, the Supreme Court adjourned the hearing of the treason case against the former military dictator for an indefinite period to hold consultations over setting up of a special court to hear the case against the ex-army strongman.

The apex court also rejected a plea to order the formal arrest of Musharraf citing that no formal charges against the former president had been put before the court.

Earlier during the hearing , Attorney General Munir A. Malik submitted the government’s line of action in the case which said that Prime Minister Nawaz Sharif had ordered the FIA to conduct an inquiry into the actions of Musharraf on November 3, 2007, the day when he held the constitution in abeyance and imposed emergency in the country, sacking dozens of judges of the superior courts.

AFP adds: Musharraf's lawyer Ibrahim Satti urged the Supreme Court to give his client a fair trial, accusing the media and Sharif of being biased against him.

“In this background the answering respondent is expecting and having full hope that this bench will safeguard and protect the interest and civil right of him regarding fair trial,” said Satti, speaking in English.

Presiding judge Jawwad S.Khawaja said he would deliberate further on the issue and set no date for another hearing.

Later, the bench adjourned the hearing until further notice, in order to hold consultations with Chief Justice Iftikhar Muhammad Chaudhry over the constitution of a special court to hear the treason case

Supreme Court to hear treason case against Musharraf on day to day basis

ISLAMABAD: The Supreme Court on Friday cleared the ambiguity by stating that the judgment in high treason case against former president General Retired Pervez Musharraf case was not reserved as carried out by a section of media.

This was stated by a three-judge bench comprising Justice Jawwad S Khawaja, Justice Khilji Arif Hussain and Justice Ijaz Afzal Khan hearing the case.

Justice Khawaja remarked that the bench would hear the proceeding of the case on day-to-day basis and would like to provide equal opportunity to the all litigants in the case to argue.

Moving one step closer to putting the former military dictator on trial for treason, the government on Thursday had appointed a four-member FIA committee to investigate him for subverting the constitution.

Federal Interior Minister Chaudhry Nisar Ali Khan informed the National Assembly that the committee had been constituted to probe treason charges against Musharraf.

During the course of proceeding at the apex court today, Malik Qamar Afzal, counsel for Musharraf, wished to make oral submissions. However, the bench directed him to file a written submission in a formal application.

Later, the bench was informed that Attorney General Munir A. Malik was busy in case before Bench 1 and thus he would not be available during the course of the day.

Supreme Court concludes Musharraf treason case hearing

The Supreme Court of Pakistan has concluded hearing the identical petitions seeking treason trial of former military ruler General (retd) Pervez Musharraf Thursday while the order will be issued later, Nation News

A three-judge SC bench headed by Justice Jawwad S Khawaja was hearing the case today where the concerned parties completed their arguments. The court is due to issue the verdict later to ascertain if high treason proceedings can be initiated against Pervez Musharraf.

During today’s hearing, Attorney General Munir A Malik told the court that a timeline will be set for the Federal Investigation Agency (FIA) team tasked to conduct inquiry into the acts of the former military ruler that led to the imposition of emergency on November 3, 2007.



He also presented a directive to form an investigation team with reference to initiate treason trial against Musharraf.



Ibrahim Satti, who is the counsel of Pervez Musharraf, apprised the bench that his client has objections over the reply submitted by the AG in this regard, therefore, they should be considered.
Justice Khilji Arif responded that he should remain patient as the court will ensure that justice should be served to his client.

AG Munir A Malik told the court that a commission will be formed to ascertain transparency during the investigation and for the purpose of monitoring. He further apprised the bench that Federal Investigation Agency (FIA) holds the authority to initiate probe against Pervez Musharraf for high treason act.

Prime Minister Nawaz Sharif had ordered the home secretary to form an investigation team that will conduct an inquiry into Pervez Musharraf’s November 3, 2007 acts.

The AG told that a special court will be set up soon after the team will conclude the probe while he also presented the directive, ordering the formation of the investigation team.

At one occasion, the judges remarked that the court functions under the law and does not make decisions in reaction.


After hearing the arguments of both the parties, the court concluded its proceedings while the judgment will be issued later.


It may be mentioned that a four-member FIA committee has been constituted to interrogate Pervez Musharraf under article 6 of the constitution.

The committee comprises two additional director generals and two directors. They included Additional DG FIA Khalid Qureshi, Azam Khan, Hussain Asghar and Maqsood-ul-Hassan.

The committee will present its report in shortest period of time.

FIA team to probe Musharraf’s Nov 3 actions

ISLAMABAD: The government submitted its written reply in the Supreme Court regarding its future course of action in initiating a treason case against former president, General (retd) Pervez Musharraf.

The reply was submitted by Deputy Attorney General Muhamamd Ali Zai. The reply states that Prime Minister Nawaz Sharif has directed the interior secretary to contact DG FIA for the formation of a high-level investigation team. The team will be tasked with probing the November 3, 2007 actions of Pervez Musharraf.



The notification for the treason case was issued by the prime minister’s principal secretary.



On June 24, Prime Minister Sharif announced in the National Assembly that former president, General (retd) Pervez Musharraf will be tried for high treason under article 6 of the Constitution.



Pervez Musharraf faces charges of abrogating the Constitution of Pakistan and detaining judges of the higher judiciary after imposing emergency on November 3, 2007.

High Treason Case: Supreme Court gives goverment 3 days to decide mechanism

ISLAMABAD: The Supreme Court has rejected the PML-N government's request to grant it 30 days to arrange independent prosecutors for the treason trial of Pervez Musharraf.

A three-member bench of the apex court, headed by Justice Jawwad S Khawaja, has instead given the government three days to file its reply through the attorney general of Pakistan to specify the process and mechanism to be put in place to bring those people to justice who are found guilty of high treason.

Justice Jawwad S Khawaja noted that Musharraf had not acted alone when he imposed emergency. He referred to a list of 600 people, which was filed by petitioner Engineer Jamil, who allegedly assisted the former dictator. "Yes, those who aided and abetted the former military dictator for subverting and violating the constitution, they are guilty of high treason and they will be brought to justice," the attorney general conceded before the court.

Responding to the government's stance, Justice Khilji Arif Hussain said that there is no need for a consultative process, as the constitution has been "murdered" in the current case and the government should start the process to try the culprits. He said that the stand of the interim government was better than the incumbent government. However, appreciating the AGP's statement, Justice Jawwad said, "It has some substance and the government has categorically given its position."

"The statement filed by AGP shows concrete progress in the matter." Justice Ejaz Afzal Khan said that under Section 2(b) and 3 the High Treason (Punishment) Act 1973 the sentence and the process to initiate a proceeding of high treason against the persons who have abrogated or subverted the constitution, while creating special court, is defined in Criminal Law (Amended) Special Courts Act 1976.

He said under the SRO 1994 the interior secretary has to lodge a written complaint against Musharraf on behalf of the federation. The court adjourned the hearing until June 27.

Meanwhile, senior lawyers have observed that the purpose of the government's decision is to divert media attention because the PML-N is facing tough time from media these days on issues like bad economy, terrorism.

Article 6 does not apply to Musharraf: Ahmed Raza Kasuri

Ahmed Raza Kasuri, one of the counsels of former president General (r) Pervez Musharraf, on Monday said that the federal government’s decision to proceed further in the treason case against his client would open Pandora’s box which could prove to be detrimental for the country. He further said that Article 6 of the Constitution did not apply to his client. Talking to reports outside the Supreme Court, Kasuri claimed that the response submitted by the federal government showed that it was still hesitant to proceed against the former military ruler as the reply said that the government would decide on the issue after a consultative process involving other political parties. Kasuri said that the Article 6 did not apply on his client as whatever the former military ruler did was in the interest of the state. He said that if the court decided that Article 6 was applicable on Musharraf then his client would not be tried alone as according to sub-clause two of the Article 6, all his abettors should also be tried. “The list of abettors is long and as I said before it will open Pandora’s box,” Kasuri said, adding his client would be absolved of all charges in coming weeks.

Opposition supports Goverment for Musharraf treason trial

Following Prime Minister Nawaz Sharif’s speech in the National Assembly on Monday, the Opposition extended its support to the government for its decision to try former president Pervez Musharraf for treason under Article 6 of Constitution. “Pervez Musharraf is accountable before the Constitution. Those who termed the Constitution mere a piece of paper should be rejected,” Leader of the Opposition Khurshid Shah said while addressing the house. Shah demanded that even pictures of dictators should be removed for the Parliament House and other state buildings. “This is the first step we are taking for the future,” he said. Following Shah’s speech, PTI’s Shah Mehmood Qureshi addressed that house and assured his support to the ruling quarters. “Pakistan Tehrik-e-Insaf has always upheld the Constitution, we will therefore support the law and constitution for the continuity of democracy in Pakistan,” Qureshi affirmed.

Musharraf to be tried under Article 6 for treason: Said Nawaz Sharif

ISLAMABAD - Prime Minister Nawaz Sharif on Monday dropped a strong hint to file a written request before the Supreme Court to try former military ruler General (r) Pervez Musharraf for treason under Article 6 of the Constitution. Addressing the National Assembly (NA), Nawaz Sharif said the former president had committed treason by abrogating the Constitution and he should be tried under the law. Moreover, the premier said Musharraf would be tried for imposing a state of emergency in the country in 2007 while also suspending the Constitution. The government will submit its written stance in the Musharraf treason case currently heard in the Supreme Court through Attorney General Munir A Malik. Earlier, the apex court had asked the government to clarify its position on the petitions urging the court to try the former general under Article 6 of the Constitution.