When judges read Pervez Musharraf’s case file of LHC then a number of disturbing questions came to fore: CJP Qazi Faez Isa

ISLAMABAD, Nov 21 (SABAH): Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa has said that when the judges read former later president General (retd) Pervez Musharraf’s case file of Lahore High Court (LHC) then a number of disturbing questions came to fore.

Four member larger bench of the Apex Court headed by CJP Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah heard the petitions filed against conviction of Parvez Musharraf by special court in high treason case and against LHC verdict declaring constitution of special court null and void by the bench headed by the then LHC Justice Sayyed Mazahar Ali Akbar Naqvi and incumbent SC.

LHC Registrar Office objected to the maintainability of the petition while the petitioner was abroad, Justice Qazi Faez Isa said and questioned is his being abroad and without verified power of attorney, could the case be registered. Single member bench passed a number of orders. In the case, Azhar Siddique Advocate was lawyer. How petition was filed and how it was entertained, he questioned.

If there were registrar office related objections then how these were removed, he said and continued that how hearing was fixed first before a single member bench and then before three member bench. He said mechanism is also important.

The Chief Justice directed Hamid Khan Advocate, the former president of Lahore High Court Bar Association Rawalpindi Taufiq Asif’s lawyer to provide answers of these questions tomorrow (Wednesday) that how all this happened.

Whereas Justice Athar Minallah remarked that verdict of Lahore High Court does not affect the decision of special court as on appeal the Supreme Court has to decide this case. He said till this day verdict of special court is in the field and it was not nullified.

Justice Syed Mansoor Ali Shah said that when the special court issued verdict then proceedings of Lahore High Court should have become
infructuous. The Supreme Court gave cession to Barrister Salman Safdar to obtain directions from family members of former president Gen (retd) Pervez Musharraf in the case.

During the hearing Salman Safdar appeared before the court as lawyer whereas on behalf of other petitioners Hamid Khan Advocate, Hasan Raza Pasha Advocate and Rasheed Ahmed Rizvi appeared before the court while Hafiz Abdur Rehman Ansari appeared before the court in personal capacity.

During hearing, Pervez Musharraf’s former lawyer Major (retd) Akhtar Shah appeared before the court and told the court that he is the lawyer on behalf of former president. To this, during a dialogue with him Chief Justice said that in the appeal which is before us ‘your name has not been mentioned,’ but there is name of Barrister Salman Safdar.

Akhtar Shah said that he wanted to convey a particular message of Pervez Musharraf. To this, Chief Justice remarked had Musharraf some secret message. He said if something gets missed from Salman Safdar then assist him and continued we would not write your name in the record.

Salman Safdar further argued when former president file the appeal then he was 76 and such persons’ appeals should have been heard on priority bases. To this, Chief Justice remarked there is nothing about age in law for hearing the appeals. He further asked Salman Safdar to provide some suggestions to Pakistan Bar Council, Supreme Court Bar Association and the court and they would look into the matter. The adjourned further hearing of the case till tomorrow (Wednesday) at 11:30 AM.