LHC questions application of high treason to Musharraf case

LAHORE: The Lahore High Court (LHC) on Thursday directed the federal government to explain to it as how the case against former president Musharraf falls under the definition of high treason.

The court is hearing a petition of Musharraf challenging the formation of the Special Court conducting his trial on charges of high treason for declaring a state of emergency on November 3, 2007 and holding the Constitution in abeyance.

At the outset of the hearing, Justice Syed Mazahar Ali Akbar Naqvi asked Musharraf’s lawyer that the Islamabad High Court had “granted desired relief to your client”. The lawyer, however, replied that the instant petition carried different law points to the petition filed by the Ministry of Interior in the IHC. He pointed out that Musharraf had challenged the formation of the Special Court before the LHC while the interior ministry had not raised the same objection before the IHC.

To a court query, the petitioner’s counsel admitted that the IHC had stopped the Special Court from pronouncing judgment and the right to fair trial has also been permitted to his client. On it, Justice Naqvi ordered the government to file the record of the case by December 3.

The Lahore High Court had declared the petition of former president Pervez Musharraf as maintainable on Tuesday while overruling the LHC registrar’s objections. Musharraf in his petition said that the Special Court has reserved judgment in the case on November 19 without hearing his stance.

He also questioned formation of the Special Court, saying that the then prime minister alone granted approval for the constitution of the Special Court and the cabinet’s sanction was not sought.

A three-judge IHC bench headed by Chief Justice Athar Minallah on Wednesday set aside the November 19 order of the Special Court and instructed it to hear all sides before deciding the case.