ISLAMABAD: Qamar Afzal Counsel for former military ruler Gen. (R) Pervez Musharraf on Monday said that as per law only federal government could register a treason case but the court could not order the federation to register a treason case.
The three-member bench of the Apex Court headed by Justice Jawwad S. Khawaja, was hearing five identical petitions seeking the initiation of a treason case against Musharraf.
Justice Ijaz Afzal Khan remarked that the court could issue directives if a government employee didn't discharge his duties and it would not affect merit of the case. During the course of proceedings, Ahmed Raza Kasuri counsel for former President Pervez Musharraf said that Musharraf promulgated the Provincial Constitutional Order (PCO) with the support of the then federal cabinet and should not be tried for it on an individual basis.
He said that treason charges against his client did not relate to any violation of fundamental rights and added that the army, the prime minister at the time, the then cabinet and the provincial governors were on board when Musharraf made the PCO.
Justice Khawaja remarked that petitioners in the case had argued that Musharraf's decision had violated the Constitution which in turn led to the suspension of fundamental rights and asked whether this was right on Musharraf's part. Kasuri said that the Constitution had only been suspended for 12 days and that judiciary was known for approving such decisions.
Justice Khawaja said even if the Constitution had been suspended for 12 seconds, it would still be tantamount to a violation. Citing the case of Asma Jillani, Maulvi Tameez-ud-din case, Zaffar Ali Shah case and verdict of the apex court on Sindh High Court verdict regarding judges case on July 13, 2009, Kasuri said in the same matter different judgments were announced.
Justice Ejaz Afzal remarked that the military could not violate the Constitution to interfere in the country's affairs. Kasuri said the military could not see the country fall apart in its quest to keep silent. The court adjourned hearing till Tuesday.
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