Musharraf plea referred to LHC CJ for full bench formation

LAHORE: A single judge bench of the Lahore High Court on Tuesday requested the chief justice to constitute a larger bench to decide a petition filed by former president Gen (retd) Pervez Musharraf, challenging establishment of the special trial court and all actions against him starting from filing of a high treason complaint. Justice Syed Mazahar Ali Akbar Naqvi observed that important legal issues had been raised through the petition, especially with reference to jurisdiction of filing of the complaint and constitution of special court, which required its determination at length.

“Keeping in view the significance of the legal aspects, the case is referred to Honourable Chief Justice for constitution of Full Bench,” the judge said in his order.

Filed through advocates Khwaja Tariq Rahim and Azhar Siddique, the petition argued that the trial court had not been constituted lawfully as mandatory approval from the federal cabinet had not been sought for it. It asked the court to summon summary from the law ministry regarding the constitution of the trial court.

The petition stated that Musharraf was unable to return to Pakistan due to his medical condition while the special court declared him a proclaimed offender on June 19, 2016 and also seized his family property.

The petition asked the high court to set aside all actions against him including establishment of the trial court, filing of the complaint and appointment of prosecution team for being unconstitutional.

APP adds: Additional Attorney General Ishtiaq A Khan and Musharraf’s counsel Muhammad Azhar Siddique and Khwaja Ahmad Tariq Rahim appeared before the court.

The court observed that Pervez Musharraf was a resident of Islamabad and how the LHC could hear the matter.

The court asked the counsel to refer to any judgement of the superior courts in that regard.

Musharraf’s counsel stated that the practice had already been witnessed in the LNG (liquefied natural gas) case.

The court observed that how the matter could be decided if the statement of the accused under 342 had not been recorded.

Pervez Musharraf counsel stated that the special court had sought arguments in writing for Tuesday, besides observing that the decision would also be announced the same day. But, the case could not be decided without fulfilling the legal requirements, he added. The court adjourned further hearing till Wednesday (today).