ISLAMABAD: Former Pakistani President Pervez Musharraf’s counsel, Khalid Ranjha argued that special court is a civilian court and cannot trial the soldier, saying that army act applies to army official or officer if he commits the crime of abrogation of the constitution.
The Special Court’s head, Justice Faisal Arab, while conducting hearing of the treason case against the former president general (retd) Pervez Musharraf, has said that the courts do not deliver judgments on the whishes of the people.
The three-member court headed by Justice Faisal Arab of the Sindh High Court and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali Khan on Monday resumed the hearing during which Pervez Musharraf’s lawyer Dr Khalid Ranjha presented his arguments.
Khalid Ranjha contended that special court is a civilian court and cannot trial the soldier, saying that army act applies to army official or officer if he commits the crime of abrogation of the constitution. He said that the section pertaining to trying the high treason case is there in the army act.
Upon this, Justice Faisal Arab said that your arguments prove that crime was committed, saying that the courts do not give judgments on the whishes of the people.
Earlier during the hearing, chief prosecutor Advocate Akram Sheikh engaged in a verbal altercation with Rana Ejaz, who is another counsel for the former president general (retd) Pervez Musharraf . Akram Sheikh alleged that Ejaz had attempted to attack him.
Justice Faisal Arab intervened and said the altercation would be decided after a review of CCTV footage. He said that he has never seen such a scene in his career, saying that lawyers are the officers of the courts and they should respect the dignity of the court.
Justice Faisal Arab instructed the Khalid Ranjha to present his arguments. Khalid Ranjha requested the bench that the hearing should be adjourned as the lawyers have disturbed the mood of the bench and it would be better to adjourn the hearing of the case, saying that the judge should not conduct hearing of the case if he is not in his normal mood.
He argued that the crime of the high treason was included in the army act by making modification in the act of 1977, saying that no other court is authorized to try the high treason charges against the army official according to the amended act. He argued that three army generals were restored to trial the fraud case.
Upon this, Justice Faisal Arab inquired as to whether there is need of any notification in this regard. Upon this, Khalid Ranjha said that army official is restored for trial according to section seven and eight of the army act.
Khalid Ranjha said that article 6 pertains to high treason as the murder crime comes under section 300 of the Pakistan penal code while the murder case is registered under section 302 which explains the punishment, saying that Pervez Musharraf can be trialed under army act. The court adjourned hearing of the case till Tuesday (tomorrow).