LAHORE: Former president Pervez Musharraf has challenged formation of a special court in Lahore High Court (LHC), which conducted his trial under the charges of high treason, ARY News reported on Saturday.
Musharraf’s counsel Khawaja Tariq Rahim has filed petition in the high court.
The federal government and others have been made defendants in the petition.
The petition said that the formation of special court for the trial was unconstitutional. “No permission taken from the federal cabinet for initiating trial against Pervez Musharraf,” according to the petition.
Former prime minister Nawaz Sharif constituted the special court on his own discretion, petitioner said.
The appointment of the prosecutor of the special court and other process was also unlawful, the petition further said.
The petitioner requested to the court to summon complete record of the proceedings of the special court and to declare the constitution and proceedings of the special court as unlawful.
In an earlier petition in the LHC Pervez Musharraf had sought suspension of the special court’s decision of reserving the verdict in the high treason case against him.
Pervez Musharraf’s counsel in his arguments said that the former prime minister initiated this case over personal grudge as the Supreme Court didn’t order the government to do so.
On a question the court was informed that the matter was not presented before the parliament.
“It was the emergency or breach of the constitution, three to four senior judges have given their opinion over it,” the court said. “You didn’t inquire into the matter and talking about Article 6,” the bench remarked. “If you had to initiate a treason case then what was the need of an inquiry,” the judge questioned. “Is this process meets the transparency required for the matter,” the bench questioned.
“In case the legal requirements were not met, the government could take back the complaint or not,” the court asked the government lawyer.
The court raised critical questions with regard to the case. The judge questioned as to how Musharraf’s act in 2007 fell under treason. “If proclamation of emergency and violating the constitution are two different things,” the court posed question.
Petitioner Pervez Musharraf, in his petition, had made a request to the LHC to stay the trial in absentia being conducted against him until he recuperates and appears before the court.
He maintained that owing to his deteriorating health, he is unable to return to Pakistan ever since.
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