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  • Feb 20th, 2014
  • Comments Off on Judge’s ‘biasness’: defence produces DVD of TV show
A Special Court trying former army chief Pervez Musharraf in high treason case on Wednesday reserved its verdict over the issue of a judge's alleged bias against the accused. Appearing before a three-member bench led by Justice Faisal Arab, one of the defence counsel, Anwar Mansoor Khan, concluded his arguments in the matter.

During proceedings, he produced a Digital Versatile Disc (DVD) of a private television channel talk show of December 26, 2013 wherein it was reported without naming any member of the Special bench that a judge had reassured during meetings with interior minister about the course to be adopted in Pervez Musharraf trial.

He further said that particular judge made a commitment to handcuff Musharraf and parcel him to Simbly Dam rest-house as the interior minister Chaudhry Nisar and Prime Minister Nawaz Sharif had secretly visited the Simbly Dam rest-house about five days prior to the commencement of Musharraf trial by a special court.

Mansoor refrained from discussing the contents of the program saying he did not intent to indulge judges into any discussion pertaining to the contents of that highly controversial talk show. However, he requested the bench to view that talk show itself before taking any decision in the matter. Mansoor further pleaded that no judge of the Special Court had refuted the contents of that television talk show, adding that the Court, therefore, had no jurisdiction to hear the matter.

Citing various precedents, Mansoor contended that the principle of due process of law and a fair trial emphasised that if a judge of a bench was found biased then he should recuse himself from the bench. Justice Faisal Arab remarked that the bench was not supposed to clarify its position in response to allegation against it through the television talk show; however, he said the court would formulate the guiding principles relating to grounds of judges recusal from the bench in its verdict on Friday (February 21).

Justice Faisal Arab refused one of the prosecution team members Dr Tariq Hassan's request for assistance in the matter with remarks that the bench felt uncomfortable to seek assistance from the prosecution on the point of bias. The bench further said the matter was between the applicant and the court which would be decided by the court itself. The Court had reserved its judgement over the issue of jurisdiction in the matter on February 18, saying it would be announced on Friday (tomorrow). After completion of the Anwar Mansoor's arguments in the alleged biasness of a judge of the Special bench, the court reserved its verdict on this issue for Friday. The hearing of matter was adjourned till February 21.

Copyright Business Recorder, 2014


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