ISLAMABAD: The special court on Tuesday expressed displeasure with the prosecution for not filing an amended complaint by nominating the co-accused of former president Pervez Musharraf in the high treason case.

The court put off proceedings in the treason case till November 27 after the special prosecutor informed the judges that the matter was sub judice in Islamabad High Court (IHC).

The prosecutor expressed the hope that by the next date the IHC would announce its verdict on the petitions filed by former prime minister Shaukat Aziz, former chief justice of Pakistan Abdul Hameed Dogar and former federal minister Zahid Hamid against their implication in the treason case.

The court order stated: “In view of the fact that the judgment of the Islamabad High Court is awaited, these proceedings are adjourned to November 27, 2015 at 9:30.”

Proceedings in treason trial put off after court was informed that co-accused have moved IHC against their inclusion in the case

The trial in the treason case was stopped in December 2014 when the IHC admitted three identical petitions filed by Shaukat Aziz, Abdul Hameed Dogar and Zahid Hamid against the special court order.

The special court on November 21, 2014, ordered the federal government to include these three persons in the treason case as they had allegedly facilitated the imposition of the November 3, 2007, emergency for which Gen Musharraf is facing the treason trial.

Headed by Chief Justice of Sindh High Court (SHC) Justice Faisal Arab, the two-judge special court on Tuesday observed that the federal government had been directed to include the three co-accused in the case.

Dr Tariq Hassan, the special prosecutor of the Federal Investigation Agency (FIA), contended that the court may proceed with the trial of Gen Musharraf as there was no stay order.

However, Justice Arab remarked that under the Criminal Procedure Code, there should be a joint trial of the main as well as the co-accused persons.

The court expressed displeasure as to why the complainant - the secretary interior – had not filed the amended complaint by including the co-accused in it.

The special prosecutor told the court that the IHC had reserved its verdict on the identical petitions of the co-accused. He said the federal government had expressed willingness before the IHC to proceed against the ‘co-accused’ persons.

According to him, the government may proceed against any co-accused after the IHC announces its order on the petitions of the three persons.

The IHC on October 19 reserved its verdict on the petitions filed by Shaukat Aziz, Abdul Hameed Dogar and Zahid Hamid against the order of the special court to nominate them in the treason case as co accused.

Before the IHC, Additional Attorney General Afnan Karim Kundi submitted that the federal government was ready to examine the role of any abettor in the imposition of the 2007 emergency.

During the hearing, Faisal Hussain, the counsel for Gen Musharraf, filed an application with the special court for the release of the Rs2.5 million surety bond.

He contended that the bail bond was furnished by retired Maj Gen Rashid Qureshi for the appearance of the accused before the court.

“Once the accused appeared before the court, the bail bond could have been discharged,” he argued.

The counsel, however, withdrew the application after the court observed that after the withdrawal of the surety bond, the investigation agency may arrest Gen Musharraf.

Published in Dawn, October 28th, 2015

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