High treason case: LHC issues detailed judgment against special court formation
The LHC termed the verdict against Pervez Musharraf as unconstitutional.
LAHORE (Dunya News) – The detailed verdict of the Lahore High Court (LHC) has been issued against the ‘unconstitutional’ formation of the special court in a high treason case against former president General Pervez Musharraf.
The LHC has termed the punishment of the former top military commander in case of his absence as a violation of the Constitution and Islamic laws as Article 6 cannot be applied.
The unanimous 36-page detailed verdict was written by Justice Mazhar Ali Akbar, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir. The court ruled that trial in the absence of the accused is unislamic and illegal.
The court has annulled section 4 of the Criminal Law Amendment (Special Court) Act, 1976 and ruled that the treason case trial against the ex-president was not prepared according to the legal requirements. It is against the law not to amend the notification dated December 29, 1994 after the 18th Amendment.
The detailed decision stated that Article 6 cannot be applied, which is contrary to Article 12 of the Constitution, while the allegations against Pervez Musharraf were not part of Article 6 before the 18th Amendment. The verses of Surah An-Nisa, Surah al-Sa’ad and Surah Al-Ma’ida are also mentioned in the detailed judgment.
