–Court declares former president’s plea against special court ‘maintainable’
–Criticises Musharraf’s lawyer for not challenging legal basis for formation of special court
LAHORE: The Lahore High Court (LHC) on Thursday admitted for hearing a petition filed by former president General (r) Pervez Musharraf challenging the formation of a special court that heard and convicted him in a high treason case.
The court set aside the objection of the Registrar Office and declared the petition as maintainable for hearing.
A three-member bench of the high court headed by Justice Mazahir Ali Akbar Naqvi heard the case. Justice Ameer Bhatti and Justice Chaudhry Masood Jahangir were the other two judges of the bench.
The federal government and others have been made parties in the petition.
“You have not even challenged the law under which legal proceedings were held against Musharraf,” the bench told the former president’s counsel at the outset of the hearing.
“It is an extremely serious matter you should come to court with full preparation,” the court said.
“The special court has already announced the verdict, tell the court how a decision of the high court will affect that judgement,” the bench said.
“You should also tell how the petition is maintainable for hearing,” the bench questioned. “First you prove your case, the court decision will come after it,” the court said.
The bench called Barrister Ali Zafar, who was present in the courtroom, to the rostrum and questioned, ” Can proclamation of emergency be called high treason?” to which the jurist said that as per his information, imposition of emergency could not be termed as treason.
The court then asked how proceedings were initiated in the case if imposition of emergency could not be treated as treason.
“Under which law the special court framed charges,” the bench asked the Additional Attorney General.
The AAG, reading from the indictment, said the charges were framed under the High Treason Punishment Act.
The court asked the AAG about the stance taken by the court in the Abdul Hameed Dogar case to which the AAG responded that the proclamation of emergency was declared unconstitutional in the Justice Dogar case but the judges had not declared emergency as high treason in their verdict.
He added that the court didn’t order any criminal proceedings over the matter of proclamation of emergency.
After hearing the AAG’s arguments, the court admitted the petition for regular hearing and adjourned the case.
Musharraf’s petition claims that the constitution of a special court to hear the high treason case was unconstitutional.
“Approval was not sought from the federal cabinet for initiating the case against Musharraf,” the petition goes on to claim. It added that then prime minister Nawaz Sharif constituted the special court on his discretion and relevant laws were not followed in appointment of the prosecutor and other matters related to the special court.
The petition seeks the high court to declare the constitution and proceedings of the special court as unlawful.
