ISLAMABAD: The prayer of former president Gen (retd) Pervez Musharraf was heard finally as Supreme Court formally fixed his review petition, along with a request to stay the trial on treason charges against him, for next week.
Headed by Chief Justice Tassaduq Hussain Jillani, a 14-judge full court will commence proceedings from Jan 28. Except for Justice Ejaz Afzal Khan and Justice Mohammad Athar Saeed, all available judges will sit on the larger bench to decide the matter.
On Dec 23, 2013, Musharraf had filed a petition after a delay of over four years, seeking review of the landmark July 31, 2009, verdict denouncing the successive military takeovers of the last four decades, their endorsement by the superior judiciary after declaring Musharraf’s second coup of Nov 3, 2007, unconstitutional by proclaiming emergency and cancelling appointment of over 100 superior court judges.
The review petition was, however, returned by the court office by raising eight objections, against which an appeal was preferred.
On Jan 8, Justice Anwar Zaheer Jamali had ordered the court office to place the appeal along with the review petition of Musharraf before a Supreme Court bench to decide about the objections as well as the request of revisiting the July 31 judgment.
In his petition, filed through Advocate Mohammad Ibrahim Satti, the petitioner had pleaded that if stay was not granted and review was not decided at an early date, the case of the petitioner (Musharraf) would be prejudiced and he may entail penalty under the high treason act which will be an irreparable loss.
The High Treason (Punishment) Act 1973 envisaged only death penalty or imprisonment for life for high treason as defined in Article 6 of the Constitution.
The review petition had pleaded that Musharraf was facing trial before the special court for the offence of high treason on the basis of July 31, 2009, verdict of the apex court, also accepting for the first time that the constitutional deviation by clamping Nov 3, 2007, emergency was for public good and to get rid of former Chief Justice Iftikhar Mohammad Chaudhry as well as some judges since their removal had then become impossible under the normal legal procedures.
The review petition argued that former elected Prime Minister Shaukat Aziz had recommended taking extra- constitutional measures of proclaiming Nov 3 emergency.
