ISLAMABAD - The counsels for Bar Councils and the Associations Tuesday concluded their submission in former President Pervez Musharraf’s conviction in the high treason case by a Special Court. A four-member bench of the apex court headed by Chief Justice of Pakistan Justice Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Amin-ud-Din Khan conducted hearing of the appeals of Bar Councils/Associations and two individuals against the judgment of a three-member bench of the LHC.
Hamid Khan, who appeared on behalf of Tauseef Asif, ex-President Lahore High Court Bar Association (LHCBA), Rawalpindi Bench, Vice-Chairman Pakistan Bar Council Haroon Rasheed and its Chairman Executive Committee Hassan Pasha, Rasheed A Rizvi, representing Sindh High Court Bar Association (SHCBA), Hafiz Abdur Rehman Ansari, and Azhar Iqbal concluded their arguments against the Lahore High Court (LHC) judgment dated 13-01-2020.
Additional Attorney General Aamir Rehman rather than supporting the impugned judgment relied upon the apex court judgments. Salman Safdar, the counsel for former army chief, submitted that the Special Court on 17-12-2019 had announced the judgment, while the LHC delivered short order on 13-01-20 on the constitution of Special Court. He stated that his client had filed the appeal against the Special Court judgment on 16-01-2020. The Court noted this meant Musharraf was aware of the LHC short order but did not rely on it while filing appeal against the Special Court judgment before the Supreme Court. He sought sometime to contact Musharraf’s family, saying till now not succeeded in contacting them.
The bench said that in the last hearing it had issued notices to the legal heirs of Pervez Musharraf and the matter was reported in the media across the world. It, therefore, asked Salman to get instruction from Musharraf’s family before next date regarding hearing of his appeal on merit. Earlier, Hamid Khan argued that at that time everybody, including the Amicus Curiae (Barrister Ali Zafar), and the then federal government (PTI) seemed to be on one page. Justice Mansoor then questioned what was the page? The senior counsel replied; “to declare the Special Court judgment void ab initio”.
Justice Athar questioned that how many time Article 6 of the Constitution was invoked in the country’s history? Hamid Khan said for the first in the history of Pakistan military dictator was tried under Article 6, adding the military regimes have badly damaged the country.