ISLAMABAD: A three-judge Special Court rejected on Friday a petition of former president retired Gen Pervez Musharraf against its establishment for a treason trial and about alleged bias of judges.

The court also rejected the stance of Gen Musharraf that he was being singled out for the treason trial as there also were certain civilians and other military officials involved in the process of imposing emergency on Nov 3, 2007.

The court headed by Justice Faisal Arab of the Sindh High Court (SHC) observed that “the involvement of any other person would depend on the evidence which would come on the record”.

Set to face an indictment and subsequent of trial of the former military ruler, the defence team said the high treason trial would open a Pandora’s box as it would bring certain personalities into the proceedings. “Gen Musharraf will not face the trial alone but certain functionaries of state would also be tried,” Advocate Faisal Hussain said.

He said crucial evidence in the case, including the proclamation of emergency, clearly mentioned the names of alleged collaborators.

In the proclamation, the military ruler asserted: “I Gen Pervez Musharraf, chief of the army staff, proclaim emergency throughout Pakistan. I hereby order and proclaim that the constitution of the Islamic Republic of Pakistan shall remain in abeyance.”

It mentioned that the emergency had been imposed after a meeting attended by then “prime minister, governors of all the four provinces and with chairman, joint chiefs of staff committee, chiefs of the armed forces, vice chief of army staff and corps commanders of the Pakistan Army”.

During the arguments, Gen Musharraf’s counsel Anwar Mansoor Khan contended that the proclamation was not only his act, but an outcome of a consultative process carried out by the accused with the functionaries mentioned.

He said Gen Musharraf felt that he had been singled out as the government did not seek punishment for all those who might be found guilty at the end of the trial.

Rejecting the contention against its formation, the court held that the process of the appointment of the three judges had been done in accordance with the law, “the objection to the validity of the notification dated Nov 20, 2013 (regarding the selection of three judges for the special court) is thus without any substance”.

Advocate Khan had said that the establishment of the Special Court and appointment of its judges was the responsibility of the government but it had been done by Prime Minister Nawaz Sharif and former chief justice Iftikhar Mohammad Chaudhry who, he alleged, had personal grudge with Gen Musharraf. The court also rejected the arguments of defence lawyers about ‘bias of judges’.

“Disqualification of a judge on the ground of bias would only be sustainable when it is demonstrated that the judge has any interest in the proceedings by way of some gain or detriment in the outcome of the proceedings… in the present case no animosity is attributed to any of the members of this court against the accused, rather only an apprehension of bias is alleged,” it said.

Advocate Akram Sheikh, head of the prosecution team, told Dawn that Gen Musharraf had been left with no option but to face the high treason trial in the special court.

“In case he would not come, the law would take its own course which includes issuance of non-bailable warrants, issuance of proclamation and confiscation of property,” he said.

Dr Khalid Ranjha, a senior lawyer in Gen Musharraf’s legal team, admitted that Gen Musharraf had lost some options to avoid high treason trial but said he was still unable to attend the proceedings.

“According to some latest medical examination reports, Musharraf’s health has also deteriorated day by day and it is next to impossible for him to appear in the special court to face the high treason trial,” he said.

“The security of the special court is also not up to the mark and appearing for high treason trial on March 11 for indictment would be tantamount to putting his life in danger,” he added.

Govt’s stance on security

The government, through the prosecution team, submitted its reply to an application filed by Gen Musharraf’s legal team for relocation of the special court to a safe place.

It said the court was located in secure premises and all reasonable arrangements for security had been made. The court itself is cognisant of the security arrangements as it made observations to this effect regarding holding a meeting with police and governmental officials on March 4.

It said the prosecution had as much interest in the security arrangements as the defence and had time and again liaised and coordinated with the interior ministry for ensuring adequate security arrangements.