–Petition says reserving of verdict is ‘unconstitutional and void’
LAHORE: Former military strongman General (r) Pervez Musharraf on Saturday moved the Lahore High Court (LHC) to challenge the reservation of the judgement in the high treason case against him, calling it “unconstitutional and void”.
A special court seized with the treason case will announce the verdict on Tuesday.
Musharraf’s counsel, Khwaja Ahmed Tariq Rahim, approached the high court on his client’s behalf, contending that the reserving of the verdict on November 19 was “unconstitutional and void”. It was pleaded that the impugned order from that date be suspended and that “the trial in absentia being conducted against the petitioner” be stayed until his physical appearance before the court.
The petition asked the court that the government and the Federal Investigation Agency (FIA) “be directed to conduct a proper and unbiased investigation including the names of all alleged aiders and abettors for the proper appreciation of facts and evidence at trial”.
It has also pleaded that the petitioner be granted his “constitutional right to a fair trial and audience in the instant trial” according to the law.
Furthermore, it has contended that the section of the Criminal Law Amendments (Special Court) Act 1976, which denies the accused an adjournment even on the grounds of illness, “be suspended and declared unconstitutional”.
In this regard, it has also requested that the trial be adjourned until the petitioner’s medical condition “allows for his safe return to the country to face trial”.
Musharraf’s petition has requested that an independent medical board “at the expense of the petitioner” be constituted to assess his present medical condition.
The court has fixed the petition for a hearing on November 25. Justice Mazahir Ali Akbar Naqvi will preside over the proceedings.
Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year.
However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 and has been an absconder ever since.
In September this year, a special court bench had decided to conduct the trial on a daily basis from October 8 to conclude the case.
