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Unusual rising...

2014-03-28
ISLAMABAD: The unexpected and unusual rising of the three-judge Special Court during the hearing about matters relating to the high treason case against former president retired Gen Pervez Musharraf led the prosecution and defence teams to wrongly assume that the court might have been dissolved, but the order issued on the day spoke otherwise.

The court again directed Mr Musharraf to appear in person on March 31 to face the treason charges for imposing the 2007 emergency.

Although the court`s registrar, after the rising of the judges at about 10am on Thursday, communicated to the prosecutors that the order would be announced at 3pm, contrary to the earlier practice when media personnel had to wait even after the scheduled time of theannouncement, the order was announced at 2pm.

The air of uncertainty defused only after the court clarified that it `rose for the day` only.

After the rising of the court, the prosecutors led by Akram Sheikh assembled in the National Library`s Lincoln Reading Hall to discuss future strategy. Like Mr Musharraf`s lawyers and journalists, they were also under the impression that at least the chief judge of the court had recused himself from the case.

`It will set a bad precedent,` Dr Tariq Hassan, senior prosecutor, said of the unexpected rising of the court. `Will the accused decide about the prosecutors and the judges, he wondered.

Akram Sheikh, head of the prosecution team who always remains in a witty mood, was also worried about the development. Asked what would happen if the chief judge announced not to proceed with the matter, he said in that case the government would initiate the process of appointment of another judge and it would take about three to four days. But he said he was optimistic that the court would clear theannouncement, the order was announced at 2pm.

The air of uncertainty defused only after the court clarified that it `rose for the day` only.

After the rising of the court, the prosecutors led by Akram Sheikh assembled in the National Library`s Lincoln Reading Hall to discuss future strategy. Like Mr Musharraf`s lawyers and journalists, they were also under the impression that at least the chief judge of the court had recused himself from the case.

`It will set a bad precedent,` Dr Tariq Hassan, senior prosecutor, said of the unexpected rising of the court. `Will the accused decide about the prosecutors and the judges, he wondered.

Akram Sheikh, head of the prosecution team who always remains in a witty mood, was also worried about the development. Asked what would happen if the chief judge announced not to proceed with the matter, he said in that case the government would initiate the process of appointment of another judge and it would take about three to four days. But he said he was optimistic that the court would clear thesituation in its order.

On the other hand, Musharraf`s lawyers claimed that the court had been dissolved.

`All the proceedings have become null and void,` lead defence counsel Sharifuddin Pirzada said, adding that non-bailable warrants had also become irrelevant.

The court said in its order: `The conduct of Anwar Mansoor Khan (Musharraf`s lawyer) did not demonstrate the level of decency towards the court which is expected from a senior counsel. Disgusted by such an attitude the court rose for the day.

Earlier the court started the proceedings as usual. It took up an application of Mr Musharraf seeking recalling of the order for issuing non-bailable arrest warrants for him.

The environment of the courtroom became tense when Akram Sheikh rebutted the application and Musharraf`s counsel requested the court to stop him from advancing arguments.

`Now the lawmakers in the National Assembly and Senate have started saying that Advocate Sheikh has been given the agenda of prosecuting Mr Musharraf at all cost,` Mansoor Khan alleged. `Defence lawyers have challenged the appointment of Advocate Sheikh as head of the prosecution team, but he has been allowed to argue despite our reservations,` he regretted.

`It is up to the court to decide the appointment of Advocate Sheikh and mere filing an application does not amount to disqualification of the prosecutor`, observed Justice Faisal Arab, who heads the three-judge court.

`We are not comfortable with such state of affairs,` Mr Khan said.

Justice Arab told him that if he was aggrieved by the orders of this court he had every right to impugn the same before a court of competent jurisdiction.

When the counsel continued to express his noconfidence in the court, Justice Arab said: `If you are still apprehensive that the courtis notneutral then we are also not interested in proceeding with this matter.

The judge said there was no dearth of judges in the country. `I will not proceed with this matter at all.

The judges then went to the chamber and after a meeting of half an hour they left the court premises. Later, Abdul Ghani Soomro, registrar of the Special Court, announced the order in the courtroom-6 of the Federal Shariat Court.