A prosecutor on Wednesday urged a special court trying former army chief and President Pervez Musharraf to dismiss defence's plea through which it has sought the inclusion of former Prime Minister Shaukat Aziz and others as abettors in the case. Appearing before a three-member special bench of Justice Faisal Arab, chief prosecutor Mohammad Akram Sheikh commenced arguments in his rebuttal to a defence's plea.
Sheikh argued that it is the right of the prosecution and not Musharraf's, to request the court for a joint trial, if required. The defence had earlier requested the bench to quash the complaint in hand, pointing out that the Article 25 of Constitution does not allow selective prosecution. According to him, it is crystal clear that either everybody or nobody was involved in high treason.
During the course of hearing, the prosecutor pleaded that the special court has no power to dismiss the instant complaint or issue orders for a fresh investigation once the evidence had been recorded before the court. He further contended that no criminal suit can be returned on any objection unless solid and concrete evidence is produced before the court.
The prosecutor claimed that the Supreme Court was told by one of Musharraf's counsel that former Prime Minister had not advised the President to impose emergency on 3rd of November 2007 but the President imposed the emergency in his personal capacity. Later, he requested the court to adjourn the matter as he had to appear before Supreme Court in a case; to which, the hearing was adjourned till October 30 (today).