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SC leaves Musharraf treason case up to government

04 July, 2013

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ISLAMABAD: The Supreme Court on Wednesday disposed of all the identical petitions seeking initiation of treason case against former military ruler Pervez Musharraf and directed the government to complete further investigation against him under Article 6 of the constitution.

A three-member bench of the apex court headed by Justice Jawwad S Khawaja concluded hearing of the petitions seeking treason trial against Musharraf. The court directed Attorney General Munir A Malik to proceed in the case as per the statement submitted by the government in the Supreme Court.

During the course of proceedings, the attorney general informed the court that a special investigation committee has already initiated its work and assured it that the government will move forward according to the directions of the court.

He denied having any information about the formation of special court for the trial as yet. Justice Khawaja said that all eyes were on the government and hoped that there would be no delay in the investigation of the case. He remarked that the court should not be dictated about the order, saying it will issue the verdict following the due process of law and constitution. The bench also assured that Pervez Musharraf would be provided justice.

Although the three-member bench of the apex court disposed of the cases but ambiguity remains on whether Musharraf's name would be removed from the Exit Control List. The court observed that the federal government will proceed as per undertaking of June 26 and will conclude the investigation without unnecessary delay.

"We are consciously, deliberately and as submitted by Mr Muhammad Ibrahim Satti, learned Sr. ASC for the respondent not touching the question of 'abrogation' or 'subversion' or 'holding in abeyance the constitution' or 'any conspiracy in that behalf' or indeed the question of suspending or holding the constitution in abeyance or the issue as to abetment or collaboration in the acts mentioned in Article 6 of the constitution," the written order said.

"This is so because any finding/observation or view expressed by us may potentially result in prejudice to the inquiry/investigation or subsequent trial should that take place as a result of such investigation," it added.

The court disposed of the petitions after Attorney General Malik submitted before the court that the government has constituted an inquiry committee comprising senior functionaries of the FIA and it will be up to it to undertake the investigation. The court in its order ruled that the prayer in these petitions thus effectively appears to have been accepted by the Government.

"We can expect that such investigation shall be concluded without unnecessary delay," order stated.


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