General (r) Pervez Musharraf. – File photo

PESHAWAR: The Peshawar High Court (PHC) on Wednesday issued a notice to former Pakistani President General (Retd) Pervez Musharraf for allowing drone attacks in the tribal areas while the Additional Political Agent North Waziristan Agency Zahidurdin Babar submitted the details of loses caused in drone strikes from 2008 to 2012 in sealed form.

A two-member bench comprising acting Chief Justice Justice Maftahuddin Khan and Justice Seth Waqar hearing a petition by Advocate FM Sabir served notice on President Pervez Musharraf to appear before the court on next hearing to explain his position.

Advocate Sabir of Difa-i-Pakistan Council (DPC) and Foundation for Fundamental Rights (FFR) had filed a writ petition against the drone attacks in Fata and the killing of innocent people including women and children in these attacks.

The PHC bench in the last hearing on September 21 had directed the political authorities to provide complete details of the people killed in the drone strikes by October 23.

North Waziristan’s Additional Political Agent (APA) Babar during the last hearing had pleaded before the court that due to the law and order problem the political authorities could not move around in the troubled areas so the compiling of complete details was a bit difficult.

The Chief Justice Dost Mohammad had also rejected the APA’s plea on September 22 to meet in chamber and had summoned the political agent on Oct 24 and had asked to provide details to the court about the drone affectees.

Earlier on August 15 the PHC had also sought a detailed report from the government regarding losses due to drone strikes in Fata.

The APA Babar had earlier presented a report regarding human and material losses due to drone attacks in the Fata till 2008 but terming the report incomplete, the chief justice Dost Muhammad Khan had said that the report doesn’t show the ages of the deceased and the details of destruction caused by the missile strikes.

The APA compiled the remaining details of the losses caused by drone strikes from 2008 to 2012 on October 24, Wednesday.

During the last hearing, the high court had directed the federal government and the political agents of North and South Waziristan agencies to provide details of the US drone strikes in their respective areas, including the number of such attacks, names and number of people killed by them and other collateral damage.

The court had also directed the federal government to provide attested copies of resolution passed by the parliament and the minutes of the cabinet’s defence committee on drone attacks.

It had also directed deputy attorney general (DAG) Mohammad Iqbal Mohmand to provide details of the protests lodged by the Foreign Office to the US government against these strikes and the follow-up to them.

The government had apprised the PHC earlier that there was no verbal or written agreement between Pakistan and the US allowing drone attacks so these attacks were a clear violation of country’s sovereignty.

During October 24 hearing Sabir Advocate had pleaded that Musharraf was not appearing in the case so his arrest warrants must be issued.

The two member bench headed by acting CJ Justice Miftahuddin however, served a notice on former president Musharraf.

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Comments (51) Closed

iqbal Khan
Oct 24, 2012 12:59pm
Dont worry iron man is doing fine.This country doesn't deserve him.
Oct 24, 2012 11:22am
What is happening in Pakistan is just ridiculous. Pervez Musharraf has been the best leader of Pakistan so far. In his period, Pakistan made more progress than all other periods combined. He was the best person to represent Pakistan in the world. He made some mistakes, but still overall he is better than any other politician on the horizon. Any businessman in Pakistan will attest to this fact. It is even more ridiculous to prosecute him for allowing drone attacks while he was president. Drone attacks are still going on, even more frequently than before. Any government after Musharraf never stopped them so far. As a matter of fact, they just cannot do anything about it. Should we prosecute the present government for failing to stop drone attacks? In view of what TTP and other terrorists are doing to the people of Pakistan, drone attacks should not be stopped, because drones are the only control over TTP right now. US appears to be fighting Pakistan's war against TTP and terrorism, for which Pakistan should be thankful to US.
akhter husain
Oct 24, 2012 02:49pm
Strange logic.
Oct 24, 2012 12:50pm
Let us hold Zardari equally responsible. Drones attack continue with the tacit approval of establishment.Nation is entitled to know the extent of collateral damage.Why wouldn't government allow an impartial inquiry into the loss of life & property?
Oct 24, 2012 12:49pm
I agree no one is above law, but there is no justice as long as we have the current CJ in place.
Oct 24, 2012 01:33pm
It sad that family dies with these criminals, but why these people make thier own family a shiled?
Oct 24, 2012 11:31am
Where is this iron man turned clay man now??????????
Oct 24, 2012 11:32am
I totally disagree with Peshawar High Court. They should first decide the validity of the case, instead of asking for details of the losses. How can you prosecute the president for allowing drones by the US? Can you prosecute the president for ordering war, because some people got killed? It does not make sense.
Oct 24, 2012 03:40pm
I thought Presidents are immune from court proceedings ......
Oct 24, 2012 10:34am
Do the judges have anything better to do than interfering in the duties of the execuitive of the Country or they just want to take up anything worth of some cheap popularity?
Oct 25, 2012 12:58am
Thank god for him! The current military and police are intertwined with the Taliban so they will never get anything done to move your country foward.
Oct 24, 2012 09:51pm
And how about Gen Kayani?
Oct 24, 2012 01:56pm
PHC, please issue notices to present govt. too. It is wiser act as compared to issuing notice to 4 year old past. More people died in present regime as compared to older regime.
Oct 24, 2012 09:54pm
The number of drone attacks has gone up after Mushharraf handed the baton over to Kayani.
Oct 24, 2012 01:55pm
If Musharraf allowed it, why did our so-called "civilian government" and "democratic government" didn't stop them after coming into the power? PHC face the truth that it is not under Pakistan's control ... be it Musharraf or Zardari ... you need to serve the notice over to US for it! Send a red-waarant against US government for killing people in Pakistan ... can you? No you can't!
Cyrus Howell
Oct 25, 2012 10:06pm
Good point.
Oct 24, 2012 11:24am
No, it does not make any sense. Please read my comment above.
Michael Malcolm
Oct 24, 2012 01:45pm
Desperate attempt by PPP government and Allieds to keep Mushrraf outside the country. If Musharraf gave permission then why Zardari and company have it stopped. If someone starts the fire others can stop it.
Ali Shallwani
Oct 24, 2012 07:31pm
Easier said then done! Once you start something, it is very hard to stop - especially if you are dealing with a superpower, who is giving billions in aid. I believe Musharaf should have had some guts, instead of caving in to every U.S. demand. Agreed, they threatened him with putting Pakistan in the stone ages, but let's face it. We are talking about a country with nuclear warheads - we are not Afghanistan or Iraq. I am sure Zardari could possibly try to change the course of action - and don't get me wrong - I am not a fan of Zardari, however, I believe Musharaf literally sold Pakistan to the Americans. This is my take on this!
Imran A.
Oct 24, 2012 01:39pm
They (all terrorists and their apologists) fear Musharaf down to their guts. It takes them 5 years to decide to writ a petition against him. What a joke!! They are afraid if he comes back, he will destroy their terrorist empires. It's pretty clear they are afraid of both M's Musharaf and Malala.
Ishrat salim
Oct 24, 2012 02:00pm
Right ! even he permitted under some compulsion, what has stopped the present govt to stop it ? make comparison to loss prior to 2008 and today ? ask people in the street, are they happy today or 4.5 years ago ? then speak which period was better, till then it is useless to condem anybody.
Oct 24, 2012 12:45pm
What a non-sense action by the PHC, another way of getting publicity like suo moto actions on well publicized cases, without ever achieving final result. Do we have a choice to say no to Drone attacks or anything else where USA is involved. We need to first make a choice what we want and then look what needs to be done.
Oct 24, 2012 12:22pm
I fully agree, Musharraf deserves a severe punishment for allowing drone attacks, which killed some civilians. However he deserves reward for killing of terrorists too, who otherwise would have killed lakhs of civilians. Now the question is Saving lakhs at the cost of few hundred deserves reward or punishment.
Agha Ata (USA)
Oct 24, 2012 12:02pm
Former Pakistani President General (Retd) Pervez Musharraf is regarded as a good politician by many, had committed big blunders during his rule. He may have been a good soldier, but was a lousy politician. The only credit he deserves is the freedom to the media he allowed. Sometimes I wonder if he did it by mistake!
Agha Asad Raza
Oct 24, 2012 04:01pm
This is a joke!!! Hasn't PHC got anything better to do?
Oct 24, 2012 10:40am
Why it took so long to issued the notice?
Oct 24, 2012 09:10pm
So will Zardari also be held accountable for the drone strikes that happened during his tenure?
Oct 24, 2012 04:08pm
President of Pakistan enjoys immunity of all actions and cases which may have taken place during holding of teh office. Does former President Pervez Musharraf enjoys immunity of all actions he inacted during his term as a President of Pakitsan in the same manner as President Zardari? Can President Zarzari terminate the agreement of allowing drone attacks on Pakistan soil?
Oct 24, 2012 12:41pm
This is like making a joke of our nation. Serving notices to a person who is not incharge of the situation for last five years. What is the role of the present Govt and why they have not stoppped the drone attacks. The reason is that all the officials and politicians beleive that the drone attacks are required as it is admitted that no body can freely go in these areas because of law and order situation. That is importat to note for all of us that at least someone is doing our task.
Dr. Asad Sadick, Germany
Oct 24, 2012 12:23pm
Do not agree that Musharraf has been the best leader so far. But that is not the debate. If Musharraf allowed the Drone attacks, what is stopping the present rulers and Army chief from calling them off. If Musharraf is to be tried, the present rulers have to be tried too. As a matter of fact they have been promoting further attacks, to suit their own policies.
Oct 24, 2012 04:10pm
I am not a PPP fan, but what you have said is easier said than done. It is not easy to undo the follies of previous governments especially when you are dealing with the US who has not forgotten 9/11/2011 and will not let is happen again at any cost.
Oct 24, 2012 01:20pm
I can tell a million things that this government has to do and should do to make the lives better of the people who are still alive. Do those first and than after you get all that things fixed you can talk about Musharraf.
Oct 24, 2012 02:04pm
This is the delima of Pakistan that one who outside the country is found guilty, however the other corrupt people are moving without fear.
akhter husain
Oct 24, 2012 04:26pm
May be they got the permission now and therefore the notice.
Khan Usafzai
Oct 24, 2012 09:24pm
The Generals are above law in Pakistan
Masood Hussain
Oct 24, 2012 02:07pm
It is an utterly futile attemt at gimmicry.When barbaric Talibans don't stop killing innocent people,men,women and childeren, destroy schools,hospitals,residentiol buildings there must be some serious preventive measures to stop them from doing it. Itis awar and every effective step is to be considered.In view of the difficult terrain other alternative approach is carpet bombardment which we know will cause greater destruction.
Khan Usafzai
Oct 24, 2012 09:23pm
The Generals are above law in Pakistan ....
No hope.
Oct 24, 2012 04:38pm
People talk about Americans using drones,maybe this Pakistani useless government is allowing the Americans to do their job,maybe thats why they haven't stopped them and just maybe they are just playing this concerned game but behind closed doors they are supporting the Americans.
Oct 24, 2012 01:16pm
Please stop talking about the past and try to concentrate on the present and future. This government is incapable of stopping the drones themselves and keep pointing fingers on the old administration. As far as i am concerned now the past government was 100 times better than this democratic government.
Oct 24, 2012 02:58pm
Every day there is a new joke from the government. Why not serve him a notice for fixing and running the best economy between 2002-2007, avoiding a full fledge war with US, making media free, opening the door for women.... I think only thing that Musharraf should be held responsible for doing NRO and allowing corrupt & incompetent polticians to return. This is all to keep him out of coming back.
iqbal Khan
Oct 24, 2012 04:55pm
President Musharaf was the best President after President Ayub.If PHC should serve notice to Zardari and Kayani for these attacks.I fully support these attacks as somebody need to kill these terrorists if Pakistan can't.Just wondering why good guys hang around with the bad guys out there if they are so concern about their safety and if they are giving refuge to these criminals then they should not complain about attacks.I have to worry about 40,000 Pakistanis killed by these people and also the suffering of millions of Pakistanis due to talban's menace.
Cyrus Howell
Oct 24, 2012 04:57pm
Someone must be blamed, but not us.
A s ahmed
Oct 24, 2012 11:59am
Musharraf has committed huroundous crimes against his own citizens and against human rights. This commando general is a coward, he hiding like a coward and is afraid to come back to Pakistan and face charges like a man. Nobody is above law, he should get his day in court.
Cyrus Howell
Oct 24, 2012 04:59pm
It is a charade. They are not running the country. They don't know how.
Cyrus Howell
Oct 24, 2012 05:00pm
Because they just want to close their eyes and make it all go away.
Cyrus Howell
Oct 24, 2012 05:03pm
People can say no to anything, but your government is not listening.
Oct 24, 2012 05:08pm
Please stop passing buck by blaming Musharaf for present Govt incompetency. Country was much better off during Musharaf era and he brought more reforms and prosperity in the country than any other ruler in Pakistan.
Cyrus Howell
Oct 24, 2012 05:15pm
Your people are still looking for a savior.
Cyrus Howell
Oct 24, 2012 05:17pm
He is the only patriot in Pakistan.
Oct 24, 2012 10:31am
Why cant Kyani stop it now,if it is wrong.Call both in the court.There have more attacks since Musharraf left.Does it make any sense.
Oct 25, 2012 12:32am
AGREE 100%.I wish the poor people can understand that,and rally against this CJ who has crossed the limits in supporting some politicians and Army.He is the most corrupt and characterless judge in the history of pakistan.