ISLAMABAD: Advocate Mohammad Akram Sheikh, the former head of the prosecution team appointed to prosecute former president and army chief retired Gen Pervez Musharraf, said on Friday that the special court was not denuded of its authority to pronounce a judgement despite withdrawal of the prosecution team in the high treason case.
Mr Sheikh was reacting to the federal government’s decision to withdraw the entire prosecution team engaged by the previous Pakistan Muslim League-Nawaz (PML-N) government to prosecute Mr Musharraf for abrogating and subverting the Constitution by proclaiming Nov 3, 2007 emergency.
Earlier the special court had allowed Mr Sheikh to recuse as the prosecution head on Aug 28, 2018 on an application he moved soon after the formation of the PTI government.
The prosecution, the senior counsel commented while talking to Dawn, had already concluded its case as back as Sept 18, 2014. Even the outgoing prosecution team had submitted their written arguments on the earlier date and the case was fixed for Oct 24 only for a ceremonial hearing of verbal submissions, if any, required by the court, he recalled.
Reacting to govt’s decision of withdrawing prosecution team, Akram Sheikh says prosecutors have already done their job
Moreover, the Special Court Amendment Act, 1976, does not provide any formality after conclusion of the prosecution case and the judges comprising the special court were absolutely within their power and competence to announce their judgement, the counsel suggested.
In this case, the defence team of Mr Musharraf as well as the prosecution had adequately been heard not only orally but also by written arguments, he said.