LAHORE: A bench of the Lahore High Court (LHC) on Thursday heard a petition of former president Pervez Musharraf against formation of special court that heard and convicted him in a high treason case, ARY News reported.
The court set aside the objection of the Registrar Office and declared the petition as maintainable for hearing.
A three-member bench of the high court headed by Justice Mazahir Ali Akbar Naqvi heard the case. Justice Ameer Bhatti and Justice Chaudhry Masood Jahangir were other two judges of the bench.
The federal government and others have been made party in the petition.
The court while hearing the case told Musharraf’s counsel, “You have not even challenged the law under which legal proceedings were held.”
“It is an extremely serious matter you should come to court with full preparation,” the court said.
“The special court has already announced the verdict, tell the court how a decision of the high court will affect that judgment,” the bench asked.
“You should also tell how the petition is maintainable for hearing,” the bench questioned. “First you prove your case, the court decision will come after it,” the court said.
The bench called Barrister Ali Zafar, who was present in the courtroom, to roastrum and questioned, ” if the proclamation of emergency can be called high treason?” “As per my knowledge imposition of emergency could not be termed as treason,” the jurist told the court. “If the emergency is not treason, how it all started,” the court said.
“Under which law the special court framed charges,” the bench asked the Additional Attorney General.
The AAG read the indictment and said the charges framed under the High Treason Punishment Act.
“If the matter was declared high treason in Abdul Hameed Doggar case,” the court questioned.
“The proclamation of emergency was declared unconstitutional in Abdul Hameed Doggar case.” “The emergency was not declared as high treason,” the AAG further said.
The court didn’t order any criminal case proceedings over the matter of proclamation of emergency, the AAG added.
The court adjourned the hearing for a short break.
The petition said that the constitution of a special court for hearing the case against Pervez Musharraf was unconstitutional. “An approval not sought from the federal cabinet for initiating the case against Musharraf,” according to the petition.
Nawaz Sharif constituted the special court on his discretion and relevant laws were not followed in appointment of the prosecutor and other matters related to the special court, the petition argued.
The petition seeks the high court to declare the constitution and proceedings of the special court as unlawful.
