Supreme Court - 670 x 350 - File Photo
The Supreme Court of Pakistan.—File Photo

ISLAMABAD: The Supreme Court will resume on Monday hearing petitions seeking initiation of a high treason case against former president retired General Pervez Musharraf. This time a three-judge bench would take up the case instead of the two-member bench that heard it previously.

On Saturday, Chief Justice Iftikhar Muhammad Chaudhry rejected a request seeking formation of a full court bench minus the chief justice and constituted the three-member bench comprising Justice Jawwad S. Khawaja, Justice Khilji Arif Hussain and Justice Ejaz Afzal Khan to hear the case.

In addition to oral requests, an application had been moved on Friday by Ibrahim Satti, the counsel for Gen Musharraf, for constitution of a full court bench.

Earlier, Ahmed Raza Qasuri, a member of the panel of lawyers representing Gen Musharraf, had also filed a similar application but the two-judge bench had asked Mr Satti to file the application.

The Supreme Court is seized with petitions seeking an order for the federal government to initiate proceedings against Gen Musharraf under article 6 of the constitution read with the High Treason (Punishment) Act-1973 for having committed high treason by proclaiming state of emergency in the country on Nov 3, 2007.

After considering the application of Mr Satti, the chief justice held that usually under Order XI of the Supreme Court Rules-1980 petitions for leave to appeal were heard by a bench of two judges but the chief justice had the authority to constitute a bench consisting not less than three judges.

For the reason that two kinds of jurisdictions of the court had been invoked, the chief justice observed in his order that it was in the interest of justice that a three-judge bench be constituted for disposal of cases.

On Wednesday, the federal government had told the court that the caretaker cabinet was engaged in deliberations on its mandate whether to proceed with prosecuting Gen Musharraf on high treason or to focus on elections in terms of its priorities.

The government had stated through Attorney General Irfan Qadir that it was also considering whether it would be proper to initiate treason proceedings after elections because the interior ministry was presently preoccupied with providing security to thousands of election candidates all over the country.

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Comments (10) (Closed)


Tim
Apr 21, 2013 08:32am
The judiciary is biased and clearly supports PML-N. What happened to the CJ son's case. Why was Nawaz Sharif cleared from the plane hi-jacking case, it's capital punishment Mr. CJ. Unfortunately they are all one on the top ranks and can't tolerate honest people and those who really want to help poor people of Pakistan. We love you Musharraf!!
Bakka
Apr 21, 2013 11:19am
This is not vendetta but justice and Musharraf is not above the law.
marghoob ahmed siddiqui
Apr 21, 2013 07:03pm
Supreme Court had already justified and termed legal action of Parvez Musharraf of October, 1999. What Court is going to do with its earlier orders now? Iftikhar Chaudhry must be fair and should not make this case to be a source of settling his personal account.
Muhammad Saqib Zafar
Apr 21, 2013 01:14pm
General Musharraf has committed serious crimes. Due to his wrong deeds in the matters like Akbar Bugti, Bay Nazir Bhutto, Lal Masjid, Afia Siddiqui, Drone Attacks, Missing Persons and much more, Pakistan is playing at the edge of the razor. Musharraf must be humbled and humiliated so that nobody may think to do like this in future.
Tanvir
Apr 21, 2013 04:11pm
Article 6 of the Constitution did not exist in 2007 for President Musharraf to abide by. Article 6 was added through Amendment 18, passed in 2010. The high treaosn case against President Musharraf shall be dropped because he did not violate a law that did not exit at the time of the vrious actions tkne by him - emergency or treason, whatsoever.
Ram Mohan roy
Apr 21, 2013 04:04am
Waste of time and money . What will you achieve if the case is decided against Musharraf?
Tojo
Apr 21, 2013 06:30am
Focus on the elections first and stop this vendetta madness
Khan
Apr 21, 2013 06:50am
Musharraf is not son of the soil hence this treatment, what about the judges who had taken oath on PCO aren't they part of treason along with other generals
Kamran
Apr 21, 2013 07:06am
The CJ should consider expediting the case of Arslaan before taking on General Musharraf's case.
Aliya
Apr 21, 2013 12:18pm
The judges are corrupt and currently also biased