Detention of judges: investigation against Musharraf, ‘others’ begins
Local Friday, August 14th, 2009Islamabad Police have initiated an investigation against former president General Pervez Musharraf (Retd) and those who had executed his order to illegally confine over 60 judges and their families. The FIR registered on August 11 at Secretariat Police Station nominated Pervez Musharraf and “others”, without naming anyone else, under section 344/34 of Criminal Procedure Code (CrPC).
An investigation team headed by the Superintendent of Police (SP) had started collecting data and evidence against those who had carried out the orders to confine senior members of the judiciary in their houses, sources in Islamabad Police told on Thursday.
The police had begun to collect evidence against high police officials as well as officers of the civil administration posted in Islamabad on November 3 2007. Information was also being collected against the officials who had arranged locks and barbed wire blocking entry and exit of judges in Judges Colony in Islamabad, sources said.
Senior police officials of the Islamabad police are said to be supervising the process of investigation of this high profile case and the first ever against any military dictator in the history of the country, while the legal branch of Islamabad police is providing full co-operation to the investigation team, this scribe learnt.
However given the high profile of the accused as well as the victims investigators are facing difficulties ranging from the refusal of those still in office to cooperate to the lack of clarity with respect to whether the Constitution allows the trial of a former head of state.
Constitutional expert and former SCBA President, Advocate Ikram Chaudhry, when contacted, maintained, “The Constitution provides indemnity to President, Prime Minister, Ministers and many other people. But it is for a specific time period with the objective of avoiding any disturbance in the running of government affairs. No one is above the law and every one can be tried and brought to justice for crimes he commits, either as president or a common citizen.”
When asked about possible detention and trial of Musharraf, Chaudhry claimed that there was clear evidence that a crime had been committed by the former dictator and “now it is a test for the police and the government to present the challan.” He said, “Criminal Procedure Code (CrPC) clearly states that police have to complete the challan in 14 days. With a vibrant judiciary, a dedicated media and civil society providing an accurate picture to the people it will be difficult for the government to delay or cover up this case.”
It is pertinent to note that Islamabad police registered FIR No 131 on August 11 under section 344/34 of CrPC against Pervez Musharraf and others, on the directive of the local sessions court. The section 344/34, under which FIR was registered against Pervez Musharraf and “others”, is a bailable offence with a three-year punishment and fine.
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on Aug 14 2009. Filed under