KARACHI: The Supreme Court was requested on Wednesday to order action against former prime minister Nawaz Sharif and former interior minister Chaudhry Nisar Ali Khan over instituting a high treason case against former president retired Gen Pervez Musharraf.
A petition filed in the apex court’s Karachi registry impleads Nawaz Sharif, Chaudhry Nisar and others as respondents.
It states that the Lahore High Court (LHC) on Jan 13 declared the formation of a special court to hear a high treason case against Pervez Musharraf as unlawful and unconstitutional.
“This decision lends credence to the fact that the former military ruler’s trial in high treason case is based on mala fide intentions,” the petition argues, pleading with the court to order strict action against ex-PM Sharif and Chaudhry Nisar.
The petitioner further requested the court to order extradition of Nawaz Sharif so he can complete his prison sentence.
Earlier, on Jan 13, a bench of Lahore High Court had granted a petition of former president Pervez Musharraf and declared the formation of the special court to hear the high treason case against him as unlawful.
Justice Mazahar Ali Akbar Naqvi announced the court verdict.
The court in its verdict said that the Article VI could not be enforced from past. The bench also expunged clause (ix) of the Criminal Law Special Court (Amendment) Act 1976.
Earlier, the high court had reserved its verdict on petition against formation of the special court for high treason case against Musharraf.
Additional Attorney General (AAG) Ishtiaq A. Khan concluded his arguments before a three-member bench of the high court headed by Justice Mazahir Ali Akbar Naqvi. Justice Ameer Bhatti and Justice Chaudhry Masood Jahangir were other two members of the bench.
In his arguments over the Article 6 and the federal cabinet’s decision, the AAG said that the Article VI was amended after the 18th Amendment in the constitution under which the November 03, 2007 proclamation of emergency was declared a heinous crime.
The government counsel also argued that the case against Pervez Musharraf was not the part of the agenda of the federal cabinet’s meeting on June 26, 2013.
In an earlier hearing the bench asked the petitioner’s counsel, “The special court has already announced the verdict, tell the court how a decision of the high court will affect that judgment.”
