Musharraf wants court to summon his 'collaborators'
25 April, 2013
ISLAMABAD: Former president Gen (r) Pervez Musharraf on Wednesday contended before a three-member bench of the Supreme Court that all the individuals who aided, abated or collaborated with him in the proclamation of November 3, 2007 emergency should also be summoned.
"Their presence is necessary before proceeding under the constitutional jurisdiction of the Supreme Court under enforcement of the fundamental rights," argued a counsel representing Gen Musharraf in a reply against one of the petitions filed by Barrister Amjad Malik.
The word "treason" against an individual, the reply explained, amounts to a wild and reckless allegation of a "traitor" and proceedings under Article 184(3) of the constitution on such charges would amount to adversely affecting the fundamental rights of Musharraf in terms of articles 4, 8, 10 and 10A of the constitution.
It further said that the current continued proceedings would eventually become a talk of the town and would mean condemning Musharraf without a fair trial the reply stated. The conscious decision of the caretaker government not to file a complaint under Section 3 of the High Treason Punishment Act 1973 was a policy matter and exercise of any discretion by the Supreme Court in this regard would mean entering into the realm which belongs to the executive, said the counsel.
"A policy decision in the national interest on security reasons is immune from the apex court's constitutional jurisdiction," the reply said.
Musharraf denied bail in Benazir murder case
A court on Wednesday refused to extend bail for former military ruler Pervez Musharraf in connection with the murder of former prime minister Benazir Bhutto, a lawyer said.
It is the second of three cases dating back to his 1999-2008 rule for which he has been denied bail. He is already under a two-week house arrest at his villa on the edge of Islamabad over his decision to sack judges when he imposed emergency rule in November 2007. Musharraf, who attended a separate hearing relating to the Benazir case on Tuesday, did not appear before the court Wednesday and neither did his main lawyer.
"The court dismissed General Musharraf's bail application," prosecution lawyer Chaudhry Azhar told reporters after the hearing by the Lahore High Court sitting in Rawalpindi.
"Now the FIA (Federal Investigative Agency) should arrest him," he added. Musharraf is accused of conspiracy to murder Benazir, who died in a gun and suicide attack in December 2007. His arrest and disqualification from contesting elections on May 11 have been a humiliating blow for the former ruler, who returned home last month promising to "save" the country.
On Tuesday, police said they had recovered a car carrying detonators and explosives on the road leading to Musharraf's house
The Pakistani Taliban have threatened to kill Musharraf who escaped three assassination attempts during his rule, but denied anything to do with the car.