LHC constitutes full bench to hear Mush plea against Special Court formation

LAHORE: The Lahore High Court (LHC) on Tuesday constituted a three-member full bench to hear a petition, filed by former military ruler Gen (retd) Pervez Musharraf, challenging formation of a special trial court and its all actions taken against him, starting from filing of a complaint in high treason case.

Justice Sayyed Mazahar Ali Akbar Naqvi will lead the bench while Justice Ameer Bhatti and Justice Masood Jahangir will be the other members, which will commence hearing of the petition on Jan 9, 2020.

Earlier this month, Musharraf had filed an application in the LHC, urging it to halt the special court from passing a verdict against him in absentia. In the petition, the former dictator had challenged the formation of the special court holding his trial under charges of high treason and legal flaws committed in the procedure.

On Dec 17, just three days after he filed the petition, Musharraf, who is currently abroad, was handed a death penalty by the special court in Islamabad, after the three-member bench convicted him in the treason case.

One the day after he was sentenced to death, LHC’s Justice Naqvi had recommended a full bench to hear the petition and had referred the matter to the chief justice for a final decision.

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 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.

Musharraf was booked in the treason case in 2013 for imposing a state of emergency in the country on Nov 3, 2007, and suspending the Constitution till the mid of December 2007.

He was declared a proclaimed offender and later sentenced under Article 6 of the Constitution, marking the first time in Pakistan’s history that a military chief was declared guilty of high treason and handed a death sentence.