ISLAMABAD: Supreme Court has accepted the plea of its former chief justice Abdul Hameed Dogar against his inclusion as a co-accused in the investigation of Pervez Musharraf high treason case.
The top court also set aside the special court’s order wherein former prime minister Shaukat Aziz, former chief justice Abdul Hameed Dogar and former federal minister Zahid Hamid were included as co-accused. A 15-page detailed verdict authored by Justice Asif Saeed Khosa announced on Friday stated that there is no jurisdiction available with the special court under the provisions of the law to direct an inquiry or investigation against a person or persons not formally complained against before the court by the complainant.
“The appeal is allowed and all references to the present appellant and two others in the impugned orders passed by the Special Court and the Islamabad High Court on 27.11.2015 and 09.12.2015, respectively, as suspects to be associated with any fresh investigation into the offence of high treason allegedly committed by respondent Pervez Musharraf are set aside,” read the judgement. The top court observed that it is the domain of the federal government to decide who is to be investigated. “A fresh investigation into the said offence by associating any person with the same lies within the prerogative of the federal government, but the special court or Islamabad High Court cannot name any individual to be associated with any such investigation, the judgement read.
The top court further stated that there is no provision in the Criminal Law Amendment (Special Court) Act, 1976 requiring the special court to await the result of any fresh investigation. “The special court is, therefore, expected to proceed with the trial of respondent Musharraf with all convenient dispatch and without any unnecessary delay,” stated the judgement.
Supreme Court had reserved on Wednesday its ruling on the appeal filed by the former chief justice against his implication in the treason trial with the observation that notwithstanding “whatever former president retired Gen Pervez Musharraf had done to the judges”, the court would do justice in accordance with the constitution. “No matter what General Sahib had done to the judges, we will do justice under the constitution and will not discriminate against anyone,” observed Justice Asif Saeed Khosa, a member of a three-judge bench hearing the appeal of former chief justice Abdul Hameed Dogar. Justice Khosa was alluding to the events of November 3, 2007, emergency.
