CJP recommends Justice Miankhel’s name to PM
ISLAMABAD: Chief Justice of Pakistan Justice Anwar Zaheer Jamali has recommended the name of Peshawar High Court judge Justice Mazhar Alam Khan Miankhel to Prime Minister Nawaz Sharif for his inclusion in the special court hearing General ® Musharraf’s hi-treason trial.
Informed sources said the law ministry has informed the prime minister about its consultation with the chief justice of Pakistan for the completion of the special court, which had become outmoded following the elevation of Justice Faisal Arab as Supreme Court judge.
Prime Minister Nawaz Sharif is expected to decide the matter in a few days following which the special court will again be in place to continue the trial of Musharraf. In case the prime minister approves the name of Justice Miankhel, the special court will be completed immediately for the job it was constituted.
Previously, the special court was headed by Justice Faisal Arab, who then was judge of Sindh High Court. The other two members were Justice Syeda Tahira Safdar from the Balochistan High Court and Justice Yawar Ali from the Lahore High Court, who will continue in the special court.
The appointment of a new judge in the special court has nothing to do with the Supreme Court’s Friday decision regarding Musharraf’s trial. The government sources said that the law ministry had initiated the process for the completion of the special court after the elevation of Justice Faisal Arab as apex court judge.
On Friday, the Supreme Court rejected the special court 2014 decision for the inclusion of three others as abettors in Musharraf’s hi-treason case. The apex court also noted that a fresh investigation into the said offence by associating any person with the same lies within the prerogative of the Federal Government but the special court or the Islamabad High Court could not name any individual to be associated with any such investigation.
“There is no provision in the Criminal Law Amendment (Special Court) Act, 1976 requiring the special court to await the result of any fresh investigation or to postpone the trial of an accused person till an amended or additional statement of the case or list of accused persons or the charge is submitted by the Federal Government after such fresh investigation. The special court is, therefore, expected to proceed with the trial of respondent No. 2 with all convenient dispatch and without any unnecessary delay,” the Supreme Court verdict said.
With this judgement from the apex court, the special court is now bound to complete the trial against Musharraf “without any unnecessary delay”.
It is also interesting to note that Musharraf, who has been contesting all along for dragging others as his co-accused in the hi-treason case, has changed his stance in the present case decided by the apex court. According to the judgement, Musharraf has finally submitted that “he has no objection to acceptance of this appeal (of Justice (R) Abdul Hameed Dogar), setting aside of the impugned order passed by the Islamabad High Court, Islamabad on 09.12.2015 and removal of the names of the appellant and two others from the impugned order passed by the Special Court on 27.11.2015.”
