Musharraf challenges formation of special court with LHC in treason case
The special court decided to announce the verdict of high treason case against Musharraf on Dec. 17.
ISLAMABAD (Dunya News) – Former president retired Gen Pervez Musharraf on Saturday challenged the formation of the special court – that has reserved its verdict in the treason trial against him – as “unconstitutional” with the Lahore High Court (LHC).
The former president has pleaded with the court to suspend proceedings of the special court in the same case.
On Dec. 5, the special court decided to announce the verdict of high treason case against Musharraf on Dec. 17.
During the hearing, the special court clarified that no extension to announce the ruling would be given after this date. “If anyone has any problem about this matter, he could examine the decision announced by the Supreme Court (SC),” the judge remarked.
Earlier, Islamabad High Court (IHC) had approved the interior ministry’s petition and barred the special court from pronouncing the reserved verdict against Musharraf.
In a written verdict, IHC Chief Justice Athar Manallah stated that there were unique, unusual and unprecedented circumstances in the case.
It read that the federal government and the prosecution have an important role to play in the treason case. The federal government has full authority to appoint the prosecutor and the prosecution team. “The fair trial was also entitled to prosecution as well as the accused.”
The IHC’s written statement stated that the federal government only filed the complaint of emergency 2007 rather than the 1999 treachery. “This action further increased the burden of fair trial on the judiciary”.
In addition, the written decree stated that Musharraf could not be denied the right for defense despite being a fugitive.
Trial court had reserved its verdict of high treason case against the former president for announcement on Nov. 28. However, after IHC decision, it was postponed.
It is to be mentioned here that ex-president is facing treason trial under Article 6 of the Constitution as well as Section 2 of the High Treason Act for clamping the state of emergency on Nov 3, 2007.
He was booked in the treason case in December 2013 and was indicted by a special court in March 2014, but he left for Dubai in 2016 to “seek medical treatment” and has not returned since.
