ISLAMABAD: The Special Court set up to try former president retired Gen Pervez Musharraf for high treason reserved on Wednesday its verdict on an application challenging the appointment of Akram Sheikh as head of the prosecution team.
The three-judge court headed by Justice Faisal Arab of the Sindh High Court reserved the judgement after Gen Musharraf’s lawyer Anwar Mansoor Khan, senior prosecutor Dr Tariq Hassan and Akram Sheikh concluded their arguments.
Mansoor Khan alleged that Mr Sheikh had expressed his desire to prosecute Mr Musharraf under Article 6 of the Constitution even before the filing of the treason case by the government and his appointment as chief prosecutor.
He accused Mr Sheikh of deliberately concealing important facts from the court and said that despite its clear directives he did not produce an inquiry report about Mr Musharraf prepared by a four-member FIA team.
“It was because of his keenness that the government bypassed certain rules for his appointment (as chief prosecutor),” the counsel said, adding that Law Secretary Barrister Zafarullah Khan had approved the appointment of Advocate Sheikh and three other lawyers as prosecutors and a section officer of the interior ministry had issued a notification in this regard. Mansoor Khan alleged that the ministries of law and interior did not follow due process which required an approval from the competent authority — the federal government.
“The secretaries of law and interior cannot issue such a notification without seeking permission from their ministers. The executive authority of the federation shall be exercised in the name of the president by the federal government comprising the prime minister and federal ministers… in the performance of his functions under the Constitution, the prime minster may act either directly or through the federal ministers,” he argued.
Akram Sheikh denied that he had concealed facts from the court and said the prosecution was neither part of the investigation team nor of the FIA.
Investigation into the high treason case had not been shared with the prosecutors, he said, adding: “We were given only a copy of the complaint and some evidence relating to the treason case.”
He said the government had followed due process of law in his appointment as head of the prosecution team.
Dr Tariq Hassan said the application challenging the appointment of Advocate Sheikh was premature and unnecessarily scandalous, and requested the court to dismiss it.
On Thursday the court will take up two applications filed by Gen Musharraf, one calling for summoning of his alleged abettors in the case and the other one requesting his medical treatment abroad.
