PESHAWAR, April 4: Former president Gen (retired) Pervez Musharraf had no objection if public was informed about any secret deal between the governments of Pakistan and the United States regarding drone attacks, Peshawar High Court was informed on Wednesday.
A two-member bench comprising Chief Justice Dost Mohammad Khan and Justice Miftahuddin Khan, hearing two writ petitions related to drone attacks, was informed by Advocate Moazam Butt that he had been approached by Mr Musharraf to appear on his behalf in the case. The counsel stated that he would submit his power of attorney on behalf of the former president on next hearing.
During course of proceedings, the chief justice observed that drone strike was a complex issue and the court would not decide it in a haphazard manner.
It was observed that court would like to know if there was any agreement between the two governments. If there was an agreement then when it was made and for how long it would be applicable, the bench observed.
The chief justice expressed astonishment that the president, who was supreme commander of armed forces, the prime minister, the chiefs of armed forces and others had openly been opposing drone attacks but still those had been taking place.
Chief Justice Dost Mohammad pointed out that in a recent international report it was mentioned that drone attacks were counterproductive as the rate of collateral damage was higher than the substantive success.
Mr Musharraf was made a respondent in one of the two petitions filed by an advocate of the high court, F.M. Sabir, during previous hearing on Dec 20. The second petition is filed by Defence of Pakistan Council.
When Mr Butt stated that he would be representing Mr Musharraf, the petitioner objected to it, stating that he had already been appearing on behalf of the Defence of Pakistan Council (DPC) against drone strikes and there was a clash of interest between Mr Musharraf and the council.
Mr Butt contended that Mr Musharraf was not a respondent in the petition of DPC. He claimed that in that petition the petitioner had stated that they had fundamental right in view of Article 19-A of the Constitution to have access to information in all matters of public importance including any secret deal of Pakistan with the US, allowing drone attacks.
He contended that Mr Musharraf had no objection to that request as he also believed that it was right of citizens to have access to important information.
When the bench inquired from him how he could have no objection to that request as the drone strikes had started during his government, the counsel replied that it would be up to the present government to inform the court about the facts related to drone strikes.
He stated that it was the fundamental right of the petitioners as well as general public to know about any secret deal between the two countries.
The deputy attorney general, Mohammad Iqbal Mohmand, representing the federal government, contended that the ministries of defence and interior had sought more time for filing replies in the petitions.
Mr Sabir requested the court to direct the government to immediately stop drone strikes as those attacks were against the collective will of 180 million people of the country, especially that of North and South Waziristan tribal agencies.
Mr Sabir argued that hundreds of innocent people including women and children had so far been killed in those drone attacks, which was violation of fundamental rights and sovereignty of Pakistan. The bench observed that it would look into the matter whether a country could interfere inside the geographical boundaries of another country in hot pursuit for killing its opponents and whether the same was permissible under the national and international laws.
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