* Musharraf’s counsel asks SC to issue notice to General Kayani because he was also member of the team that issued the PCO
* Says the case will open a Pandora’s box and names of some ‘bigwigs’ will come into limelight
* Court adjourns hearing until 15th
ISLAMABAD: In response to the Supreme Court’s notice over five identical petitions against him for subverting and holding the constitution in abeyance, the counsel for former chief of army staff (COAS) General (r) Pervez Musharraf has asked the Supreme Court to issue notice to incumbent COAS, General Ashfaq Pervez Kayani, because he was also the member of the team that had issued the PCO.
A two-member bench of the apex court, headed by Justice Jawwad S Khawaja, however told Ahmad Raza Kasuri that it had only issued notices to the respondents in five petitions. Ahmed Raza Kasuri, appearing on behalf of Musharraf, also hinted that his client would also raise objections over a few judges at a later stage. However, the court asked him to inform the bench of his client’s objections to the judges, and if they were valid the judges would recuse.
The counsel also contended that if the case is heard then a Pandora’s box would open and “names of some bigwigs will come into limelight”. Upon this, Justice Jawwad said if these things happen then let it be. “We will ensure that the justice is not only done but seems to be done regardless of opening of the Pandora’s box,” he added.
Justice Khilji Arif Hussain said many commissions were constituted on important issues but their findings were not made public. He said at time things have to be decided in accordance with the constitution and law. “If you are able to prove that the allegations are wrong then it’s fine otherwise we will pass an appropriate order on the petitions.” The courtroom’s atmosphere was very tense during the hearing of the case, and several times harsh words were also exchanged between the counsel for the petitioners and the counsel for respondent.
The Supreme Court, while rejecting Musharraf’s request to adjourn the case against him for subverting and holding the constitution in abeyance until May 20, 2013, adjourned it till April15. Kasuri pleaded that the court notice was received late last night. He argued this case is a case of first impression, therefore reasonable time is required, as very significant questions of law are involved, and plethora of files have to be gone through.
He said, “Pervez Musharraf is in the midst of election and approaching the people of Pakistan”, and “the litigation would prevent him from approaching the people of Pakistani, therefore adjourn the case till May 20 to meet the ends of justice.”
The court dismissed the request, saying, personal presence of Musharraf is not required in the case yet therefore no need to make submission that ex-COAS is prevented from normal activities. Meanwhile, a section officer from the Ministry of Interior submitted a report regarding placement of Musharraf’s name on the ECL.
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