PESHAWAR: On Thursday, the High Court of Peshawar summoned two federal ministers, an aide to the Prime Minister and two others for two separate pleas demanding their trial on charges of contempt for a special court that had sentenced former military dictator General Pervez Musharraf to death for high treason last year.
A bench consisting of Justice Roohul Amin Khan and Justice Ijaz Anwar ordered the accused contemporaries, including Federal Ministers Barrister Farogh Naseem and Fawad Chaudhry, Special Assistant to Prime Minister Mirza Shahzad Akbar, former Assistant to Prime Minister Dr Firdous Ashiq Awan and former Attorney General Anwar Mansoor Khan, to appear before him at a later hearing.
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It heard two similar petitions submitted by lawyers Malik Ajmal Khan and Syed Azizuddin Kakakhel pursuant to Article 204 of the Constitution and Contempt of the Court of Justice, 2003.The Bank also instructed the petitioners to register their res
The Board also ordered the petitioners to file their respective responses to the formal order of Federal Law Minister Barrister Farogh Naseem for the denial of petitions insisting that they are not legally admissible.
Deputy Attorney General Amir Javed appeared before the bench and argued that the pleas had been lodged pursuant to Article 204 of the Constitution, which concerned only the disrespect of the Supreme Court and the High Courts.
Petitions filed with PHC about ‘bids to scandalise’ special court that convicted Musharraf
He added that the special court constituted to try retired General Musharraf was not included in that Article and therefore, the petitions were not maintainable.
The bench wondered why the alleged contemnors weren’t appearing before it in the case.
The DAG claimed that the alleged contemnors had never been summoned.
He requested the court to decide the application field for the rejection of petitions first instead of holding proceedings in petitions.
The bench observed that the respondents except the prime minister should appear before it on the next hearing.
Although Prime Minister Imran Khan is also respondent in the petitions, the high court has so far not sought his reply in the case.
In Malik Ajmal’s petition, the respondents included Farogh Naseem, Firdous Ashiq Awan, currently Special Assistant to the Punjab Chief Minister, and Shehzad Akber, while Federal Minister Fawad Chaudhry and Anwar Mansoor also referred to Syed Azizuddin’s petition.
Apart from suing the contemporaries, the petitioner Azizuddin has urged the court to disqualify the Prime Minister and other respondents from holding any public office for committing contempt of court.
The petitioners said that after filing a lawsuit against retired General Pervez Musharraf, the federal government had created a special court.
They said the charge was framed against Musharraf on Feb 18, 2014, when he fled the country to escape prosecution.
The petitioners said Musharraf was proclaimed an inmate, followed by a variety of chances, but he did not show up and the case proceeded to culminate in his conviction and death penalty on Dec 17, 2019.
They said, with the exception of the Prime Minister, that the other five respondents made separate charges against the President of the Special Court, Justice Waqar Ahmad Seth, who was then Chief Justice of the High Court of Peshawar, and thus sought to scandalise him.
The petitioners claimed that those respondents were accountable to the Prime Minister and in compliance with the Laws of Business, they were answerable to him but the Prime Minister did not take any action against them, nor was any explanation offered in this regard to show that he [PM] was also interested in the commission of contempt of the court.
They claimed that the reading of the said Clause of the Constitution was adequate to begin the violation proceedings against all those engaged in the commission of the offence.