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LHC issues notice to govt on Musharraf’s stay application
Lahore High Court LHC on Monday sent a notice to the federal government while hearing a petition filed by former army chief General
The Lahore High Court (LHC) on Monday sent a notice to the federal government while hearing a petition filed by former army chief General (r) Pervez Musharraf seeking a stay in proceedings in the high treason case pending before a special court.
A single-judge bench comprising Justice Mazahir Ali Akbar Naqvi gave the Pakistan Tehreek-e-Insaf (PTI) government till December 17 to respond and also sought a complete record of the high treason trial.
During the hearing, the petitioner’s counsel Azhar Siddique, argued that it was unconstitutional for the special court to hear the high treason case against the former dictator as the matter was not approved by the then federal cabinet.
“Former premier Nawaz Sharif had constituted the special court on his own discretion,” he added.
Justice Naqvi remarked whether it was appropriate to formulate a full bench to hear the petitions pertaining to Musharraf’s high treason case.
The federal government’s representatives and Musharraf’s counsel were on the same page on the matter as they both affirmed the high court has heard almost all cases.
The high treason case was filed against the former president by the PML-N government in 2013 for clamping the state of emergency on November 3, 2007. Musharraf was booked in the high treason case in December 2013, indicted on March 31, 2014.
Courtesy litigation at appellate forums, the trial was delayed while the former army chief was allowed by the courts and interior ministry to leave Pakistan in March 2016.
A three-member special court comprising Chief Justice of the Peshawar High Court (PHC) Waqar Seth, Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the LHC is expected to announce verdict in the long-overdue high treason case on December 17.
The decision, reserved on November 19, was originally fixed to be announced on November 28. However, the PTI government through the office of the interior ministry via the attorney general of Pakistan filed a petition in the Islamabad High Court (IHC) seeking to restrain the special court “from passing final judgment”.
The IHC bench stopped the special court from issuing the verdict and directed the government to notify a new prosecution team. The next hearing is scheduled for tomorrow (December 17).
In the petition, Musharraf requested the high court to stay the trial being conducted in absentia until he is fit to appear in court and to order interior ministry and the Federal Investigation Agency (FIA) to investigate alleged aiders and abettors for proper appreciation of facts and evidence at trial. The petition also raised objections over the formulation of special court and constitution of the prosecution team, claiming that it violated the essence of Article 90 and 91 of the constitution.
