ISLAMABAD: The Supreme Court was requested on Friday to fix for early hearing appeal challenging the verdict of Lahore High Court, setting aside the death sentence of former military dictator Pervez Musharraf in high treason case.
Advocate Hamid Khan filed an application seeking early hearing in the appeal filed against the verdict of Lahore High Court. It was submitted in the application that the instant appeal, challenging the LHC order was pending before the apex court since 2020 but it has not yet been fixed for hearing. Hamid Khan further submitted that an appeal against the verdict, removing the name of Pervez Musharraf was also filed but it was dismissed for non-prosecution without giving them notice and consequently Pervez Musharaf fled the country and still remains a fugitive.
Hamid Khan prayed the apex court to fix his appeal for early hearing filed against the decision of Lahore High Court. The advocate also informed the court that another appeal filed against its decision, barring Justice Qazi Faez Isa from hearing cases related to Prime Minister Imran Khan was not fixed for hearing. It is pertinent to mention here that the Lahore High Court had set aside the death sentence awarded to former military dictator Pervez Musharaf by a Special Court in high treason case and an appeal was filed against LHC order in Supreme Court. A three-member bench of Lahore High Court headed by Justice Sayyed Mazahar Ali Akbar Naqvi and comprising Justice Muhammad Ameer Bhatti and Justice Chaudhry Muhammad Masood Jahangir in its short order had ruled that the special court was not constituted as per constitutional and legal requirements. The court had held that the amendments made to Article 6 of the Constitution could not be implemented retrospectively, besides setting aside Section 9 of the Criminal Law Special Court Amendment Act 1976. Pervez Musharaf had filed a petition in LHC challenging the formation and proceedings of the special court in the high treason case.