http://www.dawn.com/2003/04/29/nat6.htmBy Our Reporter
LAHORE, April 28: The Pakistan Lawyers Forum on Monday moved the Lahore High Court, pleading it to issue directions to the federal government for the trial of President Gen Pervez Musharraf on high treason charges under Article 6 of the 1973 Constitution.
PLF president A K Dogar based his petition on the recent press statement of the president, saying he would continue to hold offices of the COAS and the president simultaneously since in this manner he could manage the state affairs quite easily.
The petitioner raised the point that the Supreme Court in judgments delivered in the Zafar Ali Shah and Wasim Sajjad cases had clearly laid down that Gen Pervez Musharraf would have to relinquish the office of the COAS after handing over power to civilian authorities within three years commencing from Oct 12, 1999.
The petitioner said the power had not been transferred as yet despite the holding of parliament elections. Rather it was still lying with Gen Musharraf who had asserted that he would remain the COAS since in this capacity he could communicate with army generals.
The real power is with armed forces and generals are not making it a concealed affair but are, in the language of Article 6 of the 1973 Constitution, making show of force, the petitioner alleged. While mentioning the prerequisite for trial on high treason charges, he submitted that under Section 3 of the High Treason (Punishment) Act 1973, no person could be tried on treason charges by the courts unless the federal government authorized the complainant in this regard.
He contended that Section 3 would not apply in a case when the federal government was manned by a person already accused of committing high treason and the courts could proceed further even on a complaint made by a petitioner like the PLF. It has been held in the Nusrat Bhutto case that even the principle of state necessity cannot take away the judicial powers of the courts in any constitutional matter, he argued, adding that as ruled in the Zulfiqar Ali Bhutto case, a person to the rank of president could be tried in a high court.
Mr Dogar argued that the courts could not be a silent spectator to the violation of the Constitution and quoted the SC judgment ruling “If the judges find the executive organ of the state unwilling to enforce their decrees and orders, the only course open to them is to vacate their offices and those who are desirous of serving the usurper may take offices under the legal order imposed by him but this depends on the discretion and personal decision of the judges and had no legal effect”.
The court was requested to issue a direction in the nature of mandamus to the federal government for the trial and subsequent conviction of President Musharraf under the High treason Act read with Article 6 of the Constitution.
I wonder if judges of Pakistan have enough moral courage and professionalism to go ahead with this trial.
FARID