High treason case: Musharraf challenges reservation of judgment

LAHORE: Former president General (R) Pervez Musharraf has approached the Lahore High Court (LHC), challenging the reservation of the judgment in the high treason case against him calling it “unconstitutional and void”.

A three-judge special court, headed by Peshawar High Court Chief Justice Waqar Ahmed Seth, had held on November 19 that a verdict based on available record would be pronounced on November 28.

The LHC has fixed Musharraf’s petition for hearing on November 25 and Justice Syed Mazahar Ali Akbar Naqvi will hear it. Musharraf’s counsel, Khawaja Tariq Rahim, says in the petition that then prime minister Nawaz Sharif issued a letter on March 26, 2016 without the approval of the cabinet and the then secretary interior filed a complaint against Musharraf under Article 6 of the Constitution read with Section 2 of High Treason (Punishment) Act 1973, alleging that he held the Constitution in abeyance.

He says later a special court was constituted under the high treason law and the court initiated trial only against Musharraf and his abettors were never summoned or tried by the court. He says Musharraf was allowed to travel abroad on medical grounds but the special court continued his trial in absentia and on the last hearing (November 19) announced to render its verdict on November 28.

The petitioner says the impugned order of November 19 might be suspended and that “the trial in absentia being conducted against the petitioner” be stayed until his physical appearance before the court. The petition asks the court that the government and the Federal Investigation Agency (FIA) “be directed to conduct a proper and unbiased investigation including the names of all alleged aides and abettors for the proper appreciation of facts and evidence at trial”.

He pleads that the petitioner be granted his “constitutional right to a fair trial and audience in the instant trial” according to the law. Moreover, he says Section 9 of the Criminal Law Amendments (Special Court) Act 1976, which denies the accused an adjournment even on the grounds of illness, “be suspended and declared unconstitutional”. He requests the court that the trial be adjourned until the petitioner’s medical condition “allows his safe return to the country to face trial”.

Musharraf’s petition has requested that an independent medical board “at the expense of the petitioner” be constituted to assess his present medical condition.

Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 after his name was removed from the Exit Control List (ECL) by the then government.

In September this year, a special court bench had decided to conduct the trial on a daily basis from October 8 to conclude the case. Musharraf had declared emergency on November 3, 2007, that lasted till the mid of December during which the Constitution was held in abeyance. He was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year.

Our correspondent

LAHORE: Former COAS General (retd) Pervez Musharraf has approached the Lahore High Court (LHC), challenging the reservation of the judgment in the high treason case against him calling it “unconstitutional and void”.

A three-judge special court, headed by Peshawar High Court Chief Justice Waqar Ahmed Seth, had held on November 19 that a verdict based on available record would be pronounced on November 28.

The LHC has fixed Musharraf’s petition for hearing on November 25 and Justice Syed Mazahar Ali Akbar Naqvi will hear it. Musharraf’s counsel, Khawaja Tariq Rahim, says in the petition that then prime minister Nawaz Sharif issued a letter on March 26, 2016 without the approval of the cabinet and the then secretary interior filed a complaint against Musharraf under Article 6 of the Constitution read with Section 2 of High Treason (Punishment) Act 1973, alleging that he held the Constitution in abeyance.

He says later a special court was constituted under the high treason law and the court initiated trial only against Musharraf and his abettors were never summoned or tried by the court. He says Musharraf was allowed to travel abroad on medical grounds but the special court continued his trial in absentia and on the last hearing (November 19) announced to render its verdict on November 28.

The petitioner says the impugned order of November 19 might be suspended and that “the trial in absentia being conducted against the petitioner” be stayed until his physical appearance before the court. The petition asks the court that the government and the Federal Investigation Agency (FIA) “be directed to conduct a proper and unbiased investigation including the names of all alleged aides and abettors for the proper appreciation of facts and evidence at trial”.

He pleads that the petitioner be granted his “constitutional right to a fair trial and audience in the instant trial” according to the law. Moreover, he says Section 9 of the Criminal Law Amendments (Special Court) Act 1976, which denies the accused an adjournment even on the grounds of illness, “be suspended and declared unconstitutional”. He requests the court that the trial be adjourned until the petitioner’s medical condition “allows his safe return to the country to face trial”.

Musharraf’s petition has requested that an independent medical board “at the expense of the petitioner” be constituted to assess his present medical condition.

Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 after his name was removed from the Exit Control List (ECL) by the then PML-N government. However, he did not return to face trial and was declared a proclaimed offender by the special court despite repeated summons. The court had also directed the FIA to arrest him.

In September this year, a special court bench had decided to conduct the trial on a daily basis from October 8 to conclude the case. Musharraf had declared emergency on November 3, 2007, that lasted till the mid of December during which the Constitution was held in abeyance. He was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year.