A Special Court has decided to announce the judgment of high treason case on 17th December after hearing the arguments of the government's new prosecution team.
A three-member Special Court presided over by Justice Waqar Ahmed Seth and comprising Justice Nazar Akbar and Justice Shahid Kareem on Thursday heard the federal government's compliant against former COAS Pervez Musharraf of high treason under Article 6 of the Constitution.
The court in it short order said despite a clear direction to the defense counsel (Raza Bashir) for filing of written arguments prior to Thursday hearing (05-12-19) in rebuttal to the written arguments already submitted by the previous prosecutors, he failed to submit the same. "Therefore, he is once again directed to argue the case on the next date of hearing immediately after the conclusion of the arguments of newly appointed prosecution team."
The court on November 19 had reserved the verdict that had to be announced on 28th November, but the Islamabad High Court (IHC) on November 27 stopped the Special Court from announcing its reserved judgment on the petition of Ministry of Interior. "For reasons to be recorded later, we allow writ petition [...] filed by the Ministry of Interior," said the IHC short order.
The government appointed Ali Zia Bajwa and Munir Bhatti as prosecutors in the case. Ali Zia told the court that after receiving the notification of his appointment at 4:00pm on Wednesday, he had received a 3,000-page record. He sought some time to read the record of the case, adding that he would not depend on the arguments of the previous prosecution team.
Justice Nazar Akbar asked Ali Zia to apprise the court when he would present his arguments, adding that he would not be given more than a week's time. He, however, requested that 'sufficient' time be given as he has to read 3,000 pages.
Justice Waqar asked the prosecution team to set aside other cases and just focus on this case. Justice Akbar stated that four days were enough to prepare the case.
The Court President said they (judges) come from various parts of the country for this case. "This is a special case and this is a special court," he added.
The prosecutor said there is "a lot of pressure" on them, in response to which Justice Akbar said: "What pressure could there be on lawyers and the court? The lawyers' job is to assist the court." Justice Seth added that they would write that the prosecution should give their statements by December 17.
Justice Waqar while adjourning the case until December 17 said they would hear arguments in the next proceeding and announce the verdict.
The high treason case under Article 6 of the Constitution was initiated against the former army chief for imposing emergency and Provisional Constitutional Order (PCO) on 3rd November, 2007. He was booked in the treason case in December 2013. Musharraf was indicted on March 31, 2014, and the prosecution had produced "entire evidence" before the Special Court in September 2014. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016.