ISLAMABAD:
The Special Court on Thursday upheld its previous order regarding the
summoning of former President General (retd) Pervez Musharraf for
indictment on March 31 and the non-bailable arrest warrant in the high
treason case.
Earlier in the morning, Justice Faisal Arab, heading the three-member Special Court, walked out of the courtroom after the defence counsel expressed their no-confidence in the court. The court ruled that the verdict would be announced during the course of the day.
After Justice Faisal Arab left the courtroom along with other judges, it was widely reported by the electronic media that he had recused himself from hearing the treason case against the former military dictator.
However, it has been made clear that Justice Faisal Arab has not detached himself from the case, according to the written verdict issued on Thursday afternoon.Later in the afternoon, Registrar of the Special Court Abdul Ghani Somoro announced a three-page order, stating that Justice Faisal Arab rose for the day only and would continue to head the bench and proceed with the treason case against the accused, Pervez Musharraf.
The short order ruled that Justice Faisal Arab rose for the day due to the offensive attitude adopted by Anwar Mansoor, counsel for the accused, during the day’s proceeding of the instant case.
“The conduct of Anwar Mansoor Khan did not demonstrate the level of decency towards the court which is expected from a senior counsel,” the short order said adding that disgusted by such an attitude, the court rose for the day.
The court upheld its earlier order of March 14, issuing a non-bailable warrant for Pervez Musharraf and summoning him on March 31 for his indictment.The court, therefore, dismissed the criminal miscellaneous application, filed by the accused, seeking rectification of the order of March 14, 2014, and virtually seeking a review of the said order.
“Let the matter come for hearing on March 31, 2014, for appearance of the accused and reading of the charge,” the short order ruled on Thursday.The decision of Justice Faisal Arab to continue as head of the Special Court, however, surprised the legal team of the accused that apparently looked quite relaxed after the morning’s proceedings of the case.
“Today’s verdict is contrary to the facts and realities and the statements attributed to Advocate Anwar Mansoor are not correct as our objection was strictly within the legal bounds of law,” said Faisal Chaudhry, a counsel for Pervez Musharraf.
He said that the defence team held courts in high esteem but at the same time expected the courts to proceed within the parameters of law.“To raise objections is legal right of the defence team, and it will be carried out in future as well,” he told The News.
Earlier, during the hearing of the instant case, Anwar Mansoor Khan commenced his arguments on the criminal miscellaneous application, seeking rectification of the order of March 14, 2014.
He submitted that he did not, at any stage, state that the accused did not intend to appear before the court, rather he submitted that the accused was not able to appear on account of the security concerns as highlighted by the Ministry of Interior in its letter of March 10, 2014.He said that even the court had also realised the security concerns on that day; hence, there was no justification of issuing non-bailable warrant of the accused.
“Issuance of non-bailable warrant is not a joke,” Anwar Mansoor said, adding that the court had given exemption to the accused from appearing before the court on that day; therefore, non-bailable warrant of the accused ought not to have been issued.
Anwar Mansoor further contended that he never suggested that the charge could not be read out to the counsel for the accused as the same was alien to the Criminal Procedure Code and the same was wrongly incorporated in the order.
The counsel for the accused maintained that he had been misquoted in the order of March 14, 2014.The court, however, observed that the impugned order was clear and did not admit to any ambiguity so as to warrant any rectification or modification. The court further ruled that the accused if aggrieved by the order of March 14, 2014, could have impugned the same before the court of competent jurisdiction.
Meanwhile, when Muhammad Akram Sheikh, Prosecutor, started arguing in rebuttal, Anwar Mansoor Khan interrupted the proceedings and did not allow Muhammad Akram Sheik to continue with his arguments as decision on the application for debarring him to act as a prosecutor in the instant case had already been reserved.
Justice Faisal Arab, however, told the defence counsel that till such time a decision was rendered regarding impartiality or otherwise of Muhammad Akram Sheikh, he could address the court.
Justice Faisal Arab also reminded Anwar Mansoor Khan that it had already been ordered that the matter of competence or otherwise of Muhammad Akram Sheikh would definitely be decided before recording of the evidence.
Anwar Mansoor Khan, however, kept interrupting and insinuating that he had no confidence in the court and questioned the manner adopted by the court while passing its orders.Justice Faisal Arab reminded Anwar Mansoor Khan time and again that he was an officer of the court and ought to have desisted from behaving in a manner unbecoming of a counsel.
He further reminded Anwar Mansoor Khan if he was aggrieved by the order of the court, he had every right to impugn the same before a court of competent jurisdiction.Anwar Mansoor Khan, however, continued to express no confidence in the court. “We are not comfortable the way the court is conducting the proceedings,” he said.
Meanwhile, when the defence counsel repeatedly expressed no confidence in the court, Justice Faisal Arab said that he could not proceed further with the instant proceedings and rose, saying that there was no dearth of judges and left the court room.
Earlier in the morning, Justice Faisal Arab, heading the three-member Special Court, walked out of the courtroom after the defence counsel expressed their no-confidence in the court. The court ruled that the verdict would be announced during the course of the day.
After Justice Faisal Arab left the courtroom along with other judges, it was widely reported by the electronic media that he had recused himself from hearing the treason case against the former military dictator.
However, it has been made clear that Justice Faisal Arab has not detached himself from the case, according to the written verdict issued on Thursday afternoon.Later in the afternoon, Registrar of the Special Court Abdul Ghani Somoro announced a three-page order, stating that Justice Faisal Arab rose for the day only and would continue to head the bench and proceed with the treason case against the accused, Pervez Musharraf.
The short order ruled that Justice Faisal Arab rose for the day due to the offensive attitude adopted by Anwar Mansoor, counsel for the accused, during the day’s proceeding of the instant case.
“The conduct of Anwar Mansoor Khan did not demonstrate the level of decency towards the court which is expected from a senior counsel,” the short order said adding that disgusted by such an attitude, the court rose for the day.
The court upheld its earlier order of March 14, issuing a non-bailable warrant for Pervez Musharraf and summoning him on March 31 for his indictment.The court, therefore, dismissed the criminal miscellaneous application, filed by the accused, seeking rectification of the order of March 14, 2014, and virtually seeking a review of the said order.
“Let the matter come for hearing on March 31, 2014, for appearance of the accused and reading of the charge,” the short order ruled on Thursday.The decision of Justice Faisal Arab to continue as head of the Special Court, however, surprised the legal team of the accused that apparently looked quite relaxed after the morning’s proceedings of the case.
“Today’s verdict is contrary to the facts and realities and the statements attributed to Advocate Anwar Mansoor are not correct as our objection was strictly within the legal bounds of law,” said Faisal Chaudhry, a counsel for Pervez Musharraf.
He said that the defence team held courts in high esteem but at the same time expected the courts to proceed within the parameters of law.“To raise objections is legal right of the defence team, and it will be carried out in future as well,” he told The News.
Earlier, during the hearing of the instant case, Anwar Mansoor Khan commenced his arguments on the criminal miscellaneous application, seeking rectification of the order of March 14, 2014.
He submitted that he did not, at any stage, state that the accused did not intend to appear before the court, rather he submitted that the accused was not able to appear on account of the security concerns as highlighted by the Ministry of Interior in its letter of March 10, 2014.He said that even the court had also realised the security concerns on that day; hence, there was no justification of issuing non-bailable warrant of the accused.
“Issuance of non-bailable warrant is not a joke,” Anwar Mansoor said, adding that the court had given exemption to the accused from appearing before the court on that day; therefore, non-bailable warrant of the accused ought not to have been issued.
Anwar Mansoor further contended that he never suggested that the charge could not be read out to the counsel for the accused as the same was alien to the Criminal Procedure Code and the same was wrongly incorporated in the order.
The counsel for the accused maintained that he had been misquoted in the order of March 14, 2014.The court, however, observed that the impugned order was clear and did not admit to any ambiguity so as to warrant any rectification or modification. The court further ruled that the accused if aggrieved by the order of March 14, 2014, could have impugned the same before the court of competent jurisdiction.
Meanwhile, when Muhammad Akram Sheikh, Prosecutor, started arguing in rebuttal, Anwar Mansoor Khan interrupted the proceedings and did not allow Muhammad Akram Sheik to continue with his arguments as decision on the application for debarring him to act as a prosecutor in the instant case had already been reserved.
Justice Faisal Arab, however, told the defence counsel that till such time a decision was rendered regarding impartiality or otherwise of Muhammad Akram Sheikh, he could address the court.
Justice Faisal Arab also reminded Anwar Mansoor Khan that it had already been ordered that the matter of competence or otherwise of Muhammad Akram Sheikh would definitely be decided before recording of the evidence.
Anwar Mansoor Khan, however, kept interrupting and insinuating that he had no confidence in the court and questioned the manner adopted by the court while passing its orders.Justice Faisal Arab reminded Anwar Mansoor Khan time and again that he was an officer of the court and ought to have desisted from behaving in a manner unbecoming of a counsel.
He further reminded Anwar Mansoor Khan if he was aggrieved by the order of the court, he had every right to impugn the same before a court of competent jurisdiction.Anwar Mansoor Khan, however, continued to express no confidence in the court. “We are not comfortable the way the court is conducting the proceedings,” he said.
Meanwhile, when the defence counsel repeatedly expressed no confidence in the court, Justice Faisal Arab said that he could not proceed further with the instant proceedings and rose, saying that there was no dearth of judges and left the court room.
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