High treason case: LHC issues notice to govt on Musharraf’s application

LAHORE: The Lahore High Court (LHC) on Monday issued a notice to the federal government on a miscellaneous application filed by former president Gen (retd) Pervez Musharraf to declare trial proceedings pending before a special court unconstitutional as well as all actions against him ranging from initiation of high treason complaint, appointment of prosecution team and the formation of the trial court.

In the civil miscellaneous application filed with the already pending main petition against the trial, the ex-military ruler termed the whole proceedings a violation of Articles 90 & 91 of the Constitution.

At the outset of the hearing, Justice Syed Mazahar Ali Akbar Naqvi asked the petitioner’s lawyer why the second application was submitted if another petition by Musharraf was already being heard in the LHC. Azhar Siddique, Musharraf’s counsel, said this was a miscellaneous application to halt trail court’s proceedings at once.

“Would it be reasonable to form a full bench to hear Musharraf’s petitions?” asked Justice Naqvi, in response to which Siddique and the government lawyer said the court had nearly heard the entire matter and there was no need to form a full bench.

Issuing a notice to the federal government on Musharraf’s application for December 18, the court decided to hear it alongside the main petition set for hearing in the LHC on Tuesday.

Advocate Siddique stated the complaint against Musharraf had been filed on the direction of the then prime minister by the then secretary interior for initiation of proceedings. He 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 of Pakistan in the Mustafa Impex judgment. He said the mandatory procedure as set in the High Treason Act 1973 as well as the Criminal Law Amendment Act 1976 had not been followed in letter and spirit.

He pointed out that after perusing a report and parawise comments of the ministry of interior and the ministry of law filed in main writ petition, it transpired that the very basis of filing a complaint was not only illegal, without jurisdiction but also in violation of the SC judgment. He said the record 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 the decision was left with the federal government. He contended that the matter of jurisdiction with regard to filing of a complaint, appointment of a prosecution team and formation of a 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. He 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 proceedings in the high treason case.

The counsel 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.