Musharraf case: court reserves judgment on SPP appointment

The special court trying former President General Pervez Musharraf for high treason on Wednesday reserved its order on

the defence application challenging the appointment of special public prosecutor Akram Sheikh.

The two sides completed their arguments in the matter. The defence application had contended that Mr. Sheikh was unsuitable for the role of prosecutor since he was close to Prime Minister Nawaz Sharif and he would not be fair to Musharraf in the trial. It also was also argued

that the notification appointing him as prosecutor was issued by a person who was not authorized to do so. Mr. Sheikh said that four prominent lawyers were chosen and the notification appointing him was issued by the law ministry and it did not suffer from any procedural or substantive ultra vires.

The prosecution had no role in the investigation of the case against Musharraf and it was conducted by the Federal Investigation Agency (FIA), he submitted. There was no interaction of the prosecution at any level before the formal charges were filed in the special court, he said.

He also denied he was a confidante of Mr. Sharif or was inimical to Musharraf. He said he was a professional lawyer and his statements on TV which were objected to by the defence, were in keeping in line with legal possibilities. He said the outcome of the trial was life sentence or death and he had added that if any piece of evidence was found favouring Musharraf he would submit it in court.

The only bias he had was in favour of the Constitution, he told the court adding that he was not an executioner but a prosecutor. He said if there was any hint of bias, he can be disqualified.

However, defence lawyer Anwar Mansoor went to great lengths to show that Mr. Sheikh was biased and had aired his comments on the trial on TV even before it had begun. He said the prosecution was eager to close the trial and Mr. Sheikh during his TV interviews had not suggested the possibility that the accused could be acquitted. He also challenged the manner of Mr. Sheikh's appointment saying that the section officer had issued the order appointing the prosecutor when it should be the federal government or the concerned minister.

He pointed out quoting other judgements that even a speck of bias could not be present in a prosecutor.

The case will continue on Thursday when some pending applications by the defence will be argued. The court had earlier issued a non -bailable warrant against Musharraf to be executed on March 31, if he does not come to court of his own volition. The formal reading out of charges will take place if he appears.