Lawyers move police against Musharraf
By Shakeel Anjum
ISLAMABAD: The Supreme Court Bar has lodged a written complaint with the Secretariat Police Station against the rulers for keeping the deposed chief justice of Pakistan, other judges and their family members in illegal detention for over four months.
The president of Pakistan, the interior minister, the interior secretary, the Islamabad chief commissioner, the inspector general of the Islamabad police, the deputy commissioner, the SSP and the SHO (secretariat) were among those named in the complaint.
SSP Islamabad Syed Kaleem Imam, when contacted for his comments, confirmed that the secretariat police have received the application, which has been forwarded to the ministry of law for legal guidance.
Office-bearers of the Supreme Court Bar, High Court Bar and District Bar Associations, in an application, signed by advocate of the Supreme Court of Pakistan Athar Minallah, asked the secretariat police to book the nominated people under sections 338, 334, 341, 344, 441, 442, 593, 506, 107, 102-A and other enabling provisions, failing which further legal proceedings shall be initiated.
Earlier, hundreds of lawyers marched towards the Judges Enclave to meet deposed chief justice Iftikhar Muhammad Chaudhry but the police intercepted the rally.
This led to a clash between the police and lawyers. The police fired tear gas shells and resorted to baton-charge to disperse the gathering. The angry protestors, reportedly, damaged the car of the attorney general of Pakistan.
The secretariat police have registered two different cases against lawyers and members of the civil society for damaging the attorney generals car. But the police authorities denied registration of FIRs, saying this was not yet decided.
Lawyers and the civil society members marched to the secretariat police station and lodged a written complaint against the president and top guns of the police and district administration. Bar councils in their application said: We have been authorised and instructed by respective presidents of the High Court Bar Association, Rawalpindi Bar Association and Islamabad Bar Association to submit this application for registration of a criminal case under relevant provisions of the Pakistan Penal Code and other enabling provisions.
The application says: On March 9, 2007 the then Chief of Army Staff, Gen Pervez Musharraf, attacked the independence of judiciary by illegally using state machinery to criminally intimidate, coerce, threaten and assault the chief justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, so as to illegally force him to resign from his office.
On refusal to succumb to the illegal pressure, the chief justice of Pakistan was taken into custody and kept in illegal confinement and under house arrest along will other members of the family for more than two weeks.
Officials of the intelligence agencies and the administration, at the behest and on the orders of Gen (retd) Pervez Musharraf, trespassed the official residence of the chief justice and kept him and members of his family in two rooms within the residence.
Gen (retd) Pervez Musharraf publicly confessed and regretted the illegal and wrongful restraint and confinement.
On July 20, 2007, a seven-member bench of the Supreme Court honourably restored Justice Iftikhar Mohammad Chaudhry as the chief justice of Pakistan and held that allegations in the reference against him were invalid, illegal and unconstitutional.
It is important to note that the evidence relating to the purported allegations in the reference had been withdrawn and lawyers representing Gen (retd) Pervez Musharraf and the federation tendered apologies before the Supreme Court and the bench of the Supreme Court imposed a fine of Rs 100,000 on the federal government.
In a shameless act of revenge to satisfy his ego, Gen (retd) Pervez Musharraf committed high treason on Nov 3, 2007 when taking advantage of his position as Chief of the Army Staff he issued an illegal and unconstitutional order.
He, thereby, not only committed high treason under Article 6 of the Constitution but also conspired to bring the Pakistan Army into disrepute for his personal gain and ego. He attacked the independence of judiciary yet again and the integrity and sovereignty of Pakistan as well, the application says, adding on Nov 3, 2007 a seven-member bench of the Supreme Court headed by the chief justice of Pakistan suspended the proclamation of emergency and the PCO.
Authorities were restrained not to act in pursuance of the Proclamation or the PCO and held any act performed thereunder as illegal and unconstitutional. Gen (retd) Pervez Musharraf taking advantage of being the Chief of Army Staff and in flagrant violation of his oath as member of the armed forces criminally abused his authority by taking control of the Supreme Court in the evening of Nov 3, 2007 through law enforcement agencies.
The Chief Justice of Pakistan, Justice Iftikhar Mohammad Chaudhry, and other honourable judges, except five, who agreed to collaborate, were taken into custody. The acts were contempt of the Supreme Court. This also is contempt of the Supreme Courts order dated November 3, 2007, it was added.
The officials of law enforcement agencies and the administration of Islamabad Federal Capital Territory at the behest of and on instructions from Gen (retd) Pervez Musharraf criminally trespassed the official residences of the chief justice of Pakistan and other honourable judges of the Supreme Court.
Barbed wires were put all around the residences and roads leading to the judicial colony, the application says. The 18-year-old daughter of the chief justice of Pakistan, Ifra Iftikhar, was not allowed to leave the residence for taking her A Level examinations, it maintained, adding the eight-year-old physically challenged son of the CJP, Balaj Iftikhar, who has been termed the youngest political prisoner by local as well as international media, has not even been allowed to come out into the lawn, let alone allowing him to attend the school. The 16-year old Palwasha Iftikhar, a student of A Level, has also not been allowed to attend her school.
Justice Sardar Raza Khan, Justice Shakirullah Jan and Justice Nasirul Mulk also remain under wrongful restraint and confinement. Gen (retd) Musharraf and on his instructions and at his behest, the Minister of Interior, the Secretary Interior, the Chief Commissioner Islamabad, the IGP Islamabad, the SSP Islamabad, the DC Islamabad and other collaborators have committed offences, inter alia, punishable under the Pakistan Penal Code. The offences were committed on and after Nov 3, 2007, it added.
You are, therefore, advised to forthwith register FIR against the above named offenders under sections 338, 334, 341, 344, 441, 442, 503, 506, 107, 102-A and other enabling provisions failing which further legal proceedings shall be initiated, the application maintained.
Lawyers move police against Musharraf