Domestic political / International, Terrorism

US, NATO

Ausaf, 2 April, p 1, 6

Pakistan: Supreme Court Rejects Applications Against Musharraf

Unattributed report: "Supreme Court Is Not An Appropriate Forum Nor The Petitioner Is An
Affected Party, Petitions Against Musharraf Have Been Rejected"

Islamabad -- Raising objections against several petitions filed against Gen [ret] Pervez Musharraf
for trying him on treason charges, the registrar officer Supreme Court has refused to entertain
those applications. According to details, the petitioner Zahid Hussein Malik through his counsels
Barrister Faruq Hassan and Hashmat Habib advocated contented in his petition filed under article
184 (3) of the Constitution, taking standing that Gen [ret] Pervez Musharraf has committed
serious treason by violating seven member Supreme Court's bench stay order of 3 November
2007, by imposing emergency as chief of army staff (in fact, martial law) [as published]
unconstitutionally and illegally, by sent packing more than 62 judges including judges hearing
case against him and by putting them under house arrest including their children. The petitioner
also contended that earlier he had engineered killing of hundreds of people and disappearance of
several of them through operation Silence in Red mosque, while he also ordered murder of
Nawab Akbar Bugti, former chief minister and governor Baluchistan, and his comrades. The
petitioner contended further that earlier he granted permission to the US and NATO forces to
launch drone attacks in Pakistan to kill innocent civilians that still continues. The petition
appealed the court to take action against Gen [ret] Pervez Musharraf and his other accomplices
under article-6 of the Constitution.

However, the registrar officer rejecting his application has written that first of all the petitioner is
no a directly affected party and he has no (right to file petition) [as published]. Secondly, this
petition does not fall in the category of the public importance under article 184(3), hence it
should be filed at some appropriate forum. Thirdly, the petition is regarding several appeals
about several issues instead of only one issue. Fourthly, the petition is without certificate of
advocate on record.
Hashmat Habib advocate, senior lawyer Supreme Court, has said that appeal against his
petitioner Zahid Hussein 's application against Gen [ret] Pervez Musharraf to try him on treason
charges will be filed in the court.

Meanwhile, rejecting the application of Sind government, the Supreme Court ordered the
provincial government to appoint prosecutor in the prosecution department. Three member bench
comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and
Justice Raja Fiaz started hearing of the case. Malik Fateh Muhammad, addition advocate general
Sind, took the stand that the reason for not appointing the candidates passing public service
commission's examination in 2007 is that they have political affiliations and it involves some
legal complications which are to be examined yet The chief justice directed the advocate general
to present those complications and other issue in this regard before the court. The advocate
general said that he will sought directions regarding legal issues at which chief justice said that
you have not appointed those candidates for last one year and you are unaware of the reason as
well. Chief justice further said that you are not mentioning your reservations in this regard.
Anwar Mansur advocate, consul of 35 candidates passing public service commission's
examination, contended that Sind Public Service Commission issued final letters to the
candidates. He further said that now Sind government is not issuing them appointment letters,
though Sind High Court has also given its verdict in the favor of candidates. Additional advocate
general Sind replied that their final letters were issued by the caretaker government and the
caretaker government has no mandate to do so. Chief justice asked the advocated general that in
case of emergency or war, will the caretaker government wait for the elected government to take
charge for issuing such directives. After the hearing, the Supreme Court rejected the appeal of
Sind government and issued directives to the provincial government to appoint 35 assistant
district prosecutor, deputy public prosecutor and district prosecutors in the prosecution
department.

Moreover, Chief Justice Iftikhar Muhammad Chaudhry remarked on two different cases that that
95% cases registered in Rawalpindi are about fake purchase and selling of the land. One plot is
sold to many customers, he said. He added that until the lawyers will not help the court in
deciding cases, the issues will carry on lingering. He said that instead of appealing for the
adjournment of the hearing, the lawyers should follow the cases so that they could be decided in
the earliest. He remarked during the hearing of the case of Muhammad Yaqub against Shaukat
Ali and land mafia filed by a women of Rawalpindi. A three member Supreme Court bench
comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice Mian Shakirullah Jan and
Justice Raja Fiaz started hearing of the cases on Wednesday. The Supreme Court sent the issue of
the ownership of a house in the case of Muhammad Yaqub against Shaukat Ali to Sind High
Court and directed the court to decide the case early and on merit.