Pksecurity
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Under the Constitution, trial under article 6 is to be initiated and concluded by none else but the federal government. The judiciary, however, is not prepared to take any chances. Setting aside the principle that in this particular case, the judges are aggrieved party themselves and they should demonstrate least interest as to how the government proceeds in the matter, it has in its infinite wisdom, decided to monitor the prosecution. Only yesterday, the honorable judges sought a step-by-step mechanism from the government for initiating high treason proceedings against Musharraf. It was very interesting to note that when attorney general informed the bench that the government would require a 30-day period to prepare a detailed mechanism, including who would investigate, who will prosecute, and who will be named as abettors in the treason case, the court observed that a one month period could not be granted because the government had in principle decided to proceed against those who had violated the Constitution. He said the mechanism should only seek to clarify how the process would be initiated and concluded.
The court has insisted time and again that only the act of November 3, 2007 constituted high-treason whereas Musharraf asserts that proceedings for this offense should start from 1999 when he actually abrogated the Constitution. The court is aware that the learned judges would be deemed as abettors and partners in the crime, if they were to prosecute Musharraf for his martial law.
The case has taken interesting turns. The top judges dont want to dig the past which highlights their own role and want to focus on 2007 which made them jobless. In any case, this is evidently a case of conflict of interests. Their desire to monitor the prosecution proceedings and their interest to personally approve the procedure is, prima facie, a violation of principles of natural justice and would not augur well with judicial independence of Pakistan. This may have adverse consequences for the toddler called democracy, Pakistan-style.
Sacking judges is an act of high treason in Pakistan | Pakistan Express
The court has insisted time and again that only the act of November 3, 2007 constituted high-treason whereas Musharraf asserts that proceedings for this offense should start from 1999 when he actually abrogated the Constitution. The court is aware that the learned judges would be deemed as abettors and partners in the crime, if they were to prosecute Musharraf for his martial law.
The case has taken interesting turns. The top judges dont want to dig the past which highlights their own role and want to focus on 2007 which made them jobless. In any case, this is evidently a case of conflict of interests. Their desire to monitor the prosecution proceedings and their interest to personally approve the procedure is, prima facie, a violation of principles of natural justice and would not augur well with judicial independence of Pakistan. This may have adverse consequences for the toddler called democracy, Pakistan-style.
Sacking judges is an act of high treason in Pakistan | Pakistan Express