ISLAMABAD – Capital Police on Tuesday morning registered an FIR against former president Pervez Musharraf for detaining judges of the apex court including Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.
Aslam Ghumman Advocate got registered a case in Secretariat Police Station alleging Musharraf for detaining over 60 judges of the Supreme Court of Pakistan following the imposition of November 3, 2007 emergency.
Police after seeking legal advice from legal branch registered the case under section 344/34 of Criminal Procedure Code of Pakistan.
Ghumman in the FIR stated that the former president not only detained the judges but also harmed their families by sealing their houses and deputing police force there. He added that even the children of detained judges were not allowed to continue their studies. He also gave the reference of first session of the National Assembly in which Prime Minister Syed Yousuf Raza Gilani had ordered the concerned department to free the judges.
Reuters/AFP add: Musharraf had imposed a state of emergency and sacked about 60 judges on November 3, 2007 when the Supreme Court appeared poised to declare him ineligible to contest a presidential election while in military uniform.
On a plea filed by lawyer Mohammad Aslam Ghuman, Islamabad district and sessions judge Mohammad Akmal directed police to register a case against Musharraf, who is currently in Europe.
“We have registered a case against Pervez Musharraf under Pakistan’s Penal Code,” Hakim Khan, the chief officer of the relevant police station, told AFP.
“He could either be arrested on his return or through Interpol,” Khan told Reuters. If convicted he Musharraf could be jailed for three years, Khan said.
The registration of the case will now see police investigate the charges levelled against the former head of state, who seized power in a 1999 coup.
“It is a criminal case,” another police official told AFP.
This is the first time that such a case has been brought against a former military ruler.
“He detained judges and ousted them illegally so he has to be tried for his illegal and unconstitutional actions,” Ghuman told Reuters.
TuesdayÂ’s move comes just weeks after a 14-member bench led by Supreme Court Chief Justice Iftikhar Muhammad Chaudhry last month declared MusharrafÂ’s acts illegal when he dismissed top judges and ordered their detention.
The court left it up to parliament whether Musharraf should be tried for treason for his actions.
In his order, Akmal directed the Islamabad city police chief to “fulfil his statutory obligation by recording the petitionerÂ’s statement… and proceed further in according with law.”
According to a copy of the order obtained by AFP, the judge also ordered a “fair investigation of the case.”
Prosecuting lawyer Ghuman said he would make efforts through the courts to force the former president to return to Pakistan, where he could face jail term if found guilty.
“Musharraf has committed serious crimes. We will try to get him back through court,” he told AFP by telephone.
“I requested the court to order police to register a case against Musharraf for illegally detaining 60 judges,” he said. The judges were put under house arrest.
Mohammad Ali Saif, a former cabinet minister turned Musharraf legal adviser, lashed out at the political opposition for registering the case.
“This is a political campaign against Musharraf, this a part of his character assassination,” he told AFP.
“There is no reality in these accusations, we don’t accept it, a lobby funded by Nawaz Sharif is behind all this drama,” he said suggesting that it might be wiser for Musharraf not to return to Pakistan in such circumstances.
Saif said Musharraf was currently on a lecture tour of Europe and the United States, and would be busy until later this year.
A spokesman for the Pakistan Muslim League-N party welcomed TuesdayÂ’s case registration but called for Musharraf to face trial for high treason.
“We will also appeal to all UN member states not to give him political asylum. He has committed high treason and does not deserve any asylum,” Siddiqul Farooq told AFP.
With the knives out for him at home the old general has spent most of his time since late May in London and he is believed to be looking to settle in Europe.
Although Musharraf is regarded as yesterdayÂ’s man, the ruling coalition led by President Asif Ali ZardariÂ’s party has shown little appetite for prosecuting him.
Analysts say the army would be uneasy if MusharrafÂ’s humiliation became too great, as many serving generals had backed him.