January 12, 2000
Judge Refuses to Hear Charges Against Pakistan's Ousted Premier
KARACHI, Pakistan -- In a setback to the military-led government's trial of Pakistan's ousted prime minister, a High Court justice refused to hear the case today, protesting the large number of intelligence agents and army personnel in his courtroom. By THE ASSOCIATED PRESS
High Court Justice Shabir Ahmed ordered the arrest of several intelligence agents, while others fled his courtroom, eyewitnesses said.
Ahmed's refusal to hear the case against Nawaz Sharif was a jolt for the army-led government, which filed charges against the ex-premier and six other men, including Sharif's brother, Shahabaz Sharif.
"We were taken by surprise," said Raja Quereshi, prosecutor and attorney general. "But the judge has exercised his power. He has the power to assign the case to any other judge. We respect the law."
Ahmed ordered the case adjourned until Jan. 17 and returned to a lower court judge. The legislation governing the anti-terrorist courts, in which Sharif's case was being heard, demands that a High Court judge preside -- but Quereshi said Ahmed can waive that requirement.
Javed Jabbar, an adviser to the army chief on national affairs, information and media development, dismissed suggestions that access to the court was being restricted.
"There has been no attempt to prevent access," he said. "In fact I want to emphasize that by any objective standards, this trial is open, transparent and fair."
Sharif has been accused by the army of refusing to allow the aircraft returning Gen. Pervez Musharraf to Pakistan to land in southern Karachi. The army accused Sharif, overthrown on Oct. 12, of trying to kill the army chief.
The aircraft was eventually allowed to land, allegedly with only seven minutes of fuel still remaining. By that time, the army had taken control in Pakistan and Sharif had been taken into custody.
Sharif was brought to court in armored personnel carriers, surrounded by dozens of paramilitary officials and policemen. Ahmed objected to the strong security presence.
One of the accused, Shahid Khaqan Abbasi, the former chairman of Pakistan International Airlines, was the first to complain about the presence of intelligence agents in the courtroom, said eyewitnesses. He told Ahmed that his conversations were being monitored and recorded.
Ahmed immediately ordered the intelligence agents present in the courtroom arrested.
"This is a sad development," said Iqbal Raad, Sharif's lawyer. "We have been asking that the trial be open, but instead the courtroom has been packed with intelligence agents. The judge did the right thing."
Sharif has steadfastly maintained his innocence. He has accused the army of hijacking democracy and of fabricating the charges to justify the bloodless coup.