KARACHI – Barrister Farogh Nasim, counsel for Pervez Musharraf, has said that the Article 6 is not applicable on the former president despite the fact that the violation of constitution was a wrong step.
He argued this before a two-member bench of the Sindh High Court (SHC) during hearing of Musharraf’s application seeking removal of his name from the exit control list (ECL). The bench comprised of Justice Muhammad Ali Mazhar and Justice Shahnawaz Tariq.
In his arguments, Barrister Nasim said that the former president cannot be tried under Article 6 of the constitution. The offense of subverting the constitution, if proved, carries death penalty under Article 6. He said non-provision of FIA report is ‘mala fide’ of the federal government, and without it he neither could prepare cross-examination for prosecution witnesses nor could determine defence witnesses.
He also said that many documents pertaining to the Nov 3 emergency rule had been disappeared by the government and the FIA could resolve the mystery. “For a fair trial, it’s very important to provide all relevant documents of the case to the accused. With the FIA report, the trial is baseless,” he said.
Prosecutor Tariq Hasan termed Barrister Nasim’s concerns baseless and held out the assurance that all document-based evidences would be provided in the stage of witnessing. The bench granted two weeks to the federal government to file a formal response over Musharraf’s petition seeking permission to go abroad to visit his sick mother.
The former strongman will have to wait a fortnight for government’s response. Despite his applications, the government has rejected his requests for flying to Dubai. Later, the court adjourned the case till Friday. Barrister Nasim will carry on his contention tomorrow as well.