LHC to hear Musharraf’s plea tomorrow

LAHORE: The Lahore High Court (LHC) on Tuesday allowed for hearing Gen (retd) Pervez Musharraf’s petition seeking stay of special court proceedings against him in the high treason case.

Justice Syed Mazahar Ali Akbar Naqvi overruled the objections raised by the registrar’s office and scheduled its hearing for November 28 — the same day the special court is said to announce its verdict. The judge also summoned the federal government and related officials on the same date.

Former president Musharraf had petitioned the LHC to stay the special court proceedings until he recuperates and appears before the court in person.

The three-judge special court headed by Justice Waqar Ahmad Seth had reserved its verdict on November 19 while rejecting the interior ministry’s request for more time to notify a new prosecution team to wrap up the case. It had also rejected a request from Musharraf’s counsel to adjourn proceeding and noted that the defence could also submit its written arguments by November 26.

The court is scheduled to announce its verdict on November 28 in the absence of Musharraf who had flown to the UAE in May 2016 for medical treatment and has not returned since to face the court.

During the hearing, Justice Naqvi asked whether any petition was filed in the Islamabad High Court (IHC), to which Musharraf’s counsel Khawaja Tariq Rahim responded that the interior ministry had filed a petition in the IHC.

Justice Naqvi then said the Supreme Court had given directions to the special court, to which the counsel replied that the formation of a special court was illegal and was formed on the directives of the then prime minister instead of getting an approval from the cabinet.

The LHC questioned whether the plea fell under its jurisdiction as the former president was a resident of Islamabad. The court also said the case was pending with the Supreme Court and under the circumstances the petitioner should reach out to the apex court.

Justice Naqvi questioned whether Musharraf travelled abroad with the court’s permission, to which the counsel replied in affirmative and said Musharraf will face the decision of the court whenever he lands in Pakistan.

It is pertinent to mention here that according to Article 6 of the 1973 Constitution any person who abrogates or subverts or suspends or holds in abeyance or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason. And a person found guilty of high treason as defined in Article 6 of the Constitution shall be punishable with death or imprisonment for life.