Treason trial: Special court rejects all Musharraf’s petitions

ISLAMABAD: Thursday was a day of plot twists and turns in the treason case against former president Pervez Musharraf. The drama was capped by a walk-out from the courtroom by the head of three-member bench Justice Faisal Arab. His act triggered intense media speculation that he had quit the special court over claims by Musharraf’s defence lawyers that he wasn’t impartial. But at the end of the day, the court maintained its earlier order regarding Musharraf’s appearance – whether voluntary or enforced – in court on March 31 when formal high treason charges will be framed against him. In a written order signed by Justice Arab and issued at 3:00 pm on Thursday, after four and a half hours of speculation and rumours that Justice Arab had recused himself, the special court dismissed all applications by Musharraf’s lawyers. It also dismissed petitions against the non-bailable arrest warrant of Musharraf. The hearing of the case has been adjourned till March 31. When the hearing resumed on Thursday, Musharraf’s counsel Anwar Mansoor Khan brought up the issue of the court’s order on March 14 unequivocally demanding Musharraf’s presence in court on the 31st. When leading prosecutor Akram Sheikh put forward a rebuttal, he was interrupted by Mansoor. Akram Sheikh, Mansoor interjected, should not be allowed to give arguments until there is a decision on the application barring him from the case as prosecutor due to his ‘bias’; on Wednesday, Musharraf’s lawyer Anwar Mansoor said the notification of the prosecutor Akram Sheikh was issued by the law ministry in violation of legal norms and claimed Sheikh was biased.

The court informed Mansoor that until a decision was made regarding the application, Sheikh could continue to present arguments in court. “The matter of competence or otherwise of Muhammad Akram Sheikh will be decided before the recording of evidence,” the three-judge bench said. Mansoor, however, persisted – he had no confidence in the court, he said, and questioned the manner adopted by the court when it passed its orders. The bench cautioned Mansoor, reminding him that he should desist from behavior unbecoming of an officer of the court. When the lawyer stuck to his guns, remarking repeatedly that he had no confidence in the special court’s judges, Justice Faisal Arab countered, “There is no dearth of judges in the country.” At 10.30 am, the three judges walked out of court as Justice Arab told Mansoor, “If you still have apprehensions about the court, I am not interested in proceeding with this matter.” The electronic media pounced on the walk-out, declaring that Justice Arab had recused himself from the special court. While Musharraf’s legal team was pleased, the prosecution remained tight-lipped, adding to speculation about the judges’ abrupt departure. The special court’s registrar simply stated that an order would be passed during the course of the day. Speaking with The Express Tribune, lawyer Tariq Mahmood said Thursday’s episode was ‘unfortunate’ and the lawyers and judiciary should maintain decorum in court.

A senior member of the prosecution Ikram Chaudhry said he asked the media to await the court’s written order before announcing any recusal by Justice Arab. Musharraf’s lawyer Chaudhry Faisal Hussain refuted allegations against Mansoor, saying, “The statements attributed to Anwar Mansoor are not correct and the truth of the matter can be ascertained from the footage of proceedings and from journalists who were present in the courtroom.” The learned counsel also contended that their objection was strictly within the bounds of law and legal ethics, “to raise objections is the legal right of the defence team and it will be carried out in future”. Published in The Express Tribune, March 28th, 2014.