ISLAMABAD: Former President General (retd) Pervez Musharraf had to face setback on Friday when the Special Court rejected his two pleas regarding the non-implementation of Criminal Procedure Code (CrPC) on the case and withdrawing of its January 9 order.
The Special Court rejected his application for staying its Thursday’s order and adjourned hearing of the high treason case till January 16 (Thursday).
“This court has no jurisdiction to enter, modify and insert unless a clerical mistakes. We may dismiss the petition and adjourn the case till 16,” stated the order, announced by Registrar Abdul Ghani Soomro.
Thus the court also accepted the Special Public Prosecutor Akram Sheikh’s stance that the Special Court did not have the powers to review its own orders or judgments.
The court was also of the opinion that it might invoke certain provisions of Criminal Procedure Code (CrPC) during the case.
The three-judge Special Court, headed by Justice Faisal Arab, constituted for trying former President General (retd) Pervez Musharraf under the Article 6 of the Constitution, held its eigth hearing in the National Library on Friday.
During the course of proceedings, Anwar Mansoor filed an application before the court in which he requested the court to pass stay orders against its orders dated January 9.
Akram Sheikh contended that under no provision of criminal law, the court had the authority to review its own judgments or orders.
“Defendents cannot take every rejected application to the Supreme Court and only the final judgment of the Special Court could be taken to the Supreme Court,” he added. He maintained that the Special Court had limited jurisdiction thus it did not have the powers to review its own judgments or orders.
He argued that the applicability of the jurisdiction of the court could only be decided once the accused surrendered himself before the court.
Anwar Mansoor argued that they had already challenged the notification of November 20, 2013 by the Federal Government for constituting the Special Court and stated that the court should not summon Musharraf before deciding the applications regarding the constitution of Special Court and its jurisdiction. Justice Faisal Arab remarked that it was a criminal case.
“We have been conciously carrying out proceedings of the case”, he said adding that the court granted exemption to Musharraf when there were security threats to him.
Justice Arab went on saying that there was no written exemption sought by Musharraf on health grounds.
“We dont want him to appear before the court on every hearing but he has to appear at least once for framing charge,” he added. Justice Arab admitted that it was a court of limited jurisdiction yet the issue of its jurisdiction was only to be decided by itself and no one else.
Akram Sheikh maintained that he attaches great respect to the court as he was concerned with the dignity and sovereignty of the court. The Court is not the forum to argue because it is a criminal case, he added.
Earlier, when the court resumed hearing on Friday, Justice Faisal Arab expressed displeasure over mis-reporting in print and electronic media regarding the court’s orders of January 9 and said that media should play its responsible role in reporting the biggest and the most important case in the history of the country.
He sought suggestions from both the sides in this regard afterwards the court would pass appropriate orders.
Akram Sheikh, Special Public Prosecutor and Anwar Mansoor, counsel for Musharraf expressed their readiness in extending full cooperation with the court.
Akram Sheikh requested that the court should pass appropriate directions to both the sides that they should refrain from making statements before media.
He urged for keeping cordiality inside and outside the court as only then the respect and prestige of the court could be uplifted and good image would be presented before the world.
Anwar Mansoor maintained that they had already lodged complained regarding the leakage of Musharraf’s medical reports in the media. Later, the court adjourned further hearing of the case till January 16 (Thursday).