LAHORE: Former president Gen (retd) Pervez Musharraf on Saturday asked the Lahore High Court to declare unconstitutional proceedings pending before a special court and all actions taken against him right from initiation of high treason complaint, appointment of prosecutor as well as constitution of the trial court.
In a civil miscellaneous application, filed in already pending main petition against the trial, the ex-military ruler termed the whole proceedings a violation of Articles 90 & 91 of the Constitution.
The application filed through Advocate Azhar Siddique stated that the main petition was fixed for hearing on Dec 17 before the LHC wherein a federal law officer sought a short adjournment in order to obtain instructions from quarters concerned including interior secretary.
It said the complaint against Musharraf had been filed on the direction of then prime minister to then secretary interior for initiation of proceedings who in isolation was directly aggrieved by the act of the petitioner.
It argued that the complaint had been filed without adopting procedure qua consultation and approval of the cabinet, required under the law and principle set by the Supreme Court in Mustafa Impex judgement.
It said mandatory procedure as set in High Treason Act, 1973 as well as Criminal Law Amendment Act, 1976 had not been followed in letter and spirit.
The application pointed out that after perusing report and para-wise comments of the ministry of interior and ministry of law filed in main writ petition it transpired that the very basis of filing of a complaint was not only illegal, without jurisdiction but in violation of the SC judgment.
The record further revealed that no declaration had been made by the SC that an offence of high treason had been committed in view of Article 6 of the Constitution and decision was left to the federal government.
The application contended that the matter of jurisdiction with regard to filing of a complaint, appointment of a prosecution team and the formation of a the special court could not be decided by the special court itself, as the trial court was a creature of the Criminal Law Amendment Act, 1976.
It said all these questions needed to be decided by the LHC and for this purpose the special court was required to be stopped from further proceeding with the high treason case.
Since the special court is scheduled to announce its verdict on Dec 17, the application urged the high court to immediately suspend all actions including filing of the complaint, submission of challan, appointment of prosecution team and as well as constitution of the trial court.
Justice Syed Mazahar Ali Akbar Naqvi will take up the application on Monday.
