LHC admits Musharraf's petition against special court's impending verdict in treason case

Published November 26, 2019
The Lahore High Court (LHC) on Tuesday accepted for hearing former president retired Gen Pervez Musharraf's petition challenging the verdict reserved by the special court in the high treason case against him. — AFP/File
The Lahore High Court (LHC) on Tuesday accepted for hearing former president retired Gen Pervez Musharraf's petition challenging the verdict reserved by the special court in the high treason case against him. — AFP/File

The Lahore High Court (LHC) on Tuesday accepted for hearing former president retired Gen Pervez Musharraf's petition challenging the verdict reserved by the special court in the high treason case against him.

Justice Syed Mazhar Ali Akbar Naqvi, who presided over the proceedings, had on Monday asked Musharraf's lawyer, Khwaja Ahmed Tariq Rahim, to present two-point statements and assist the court regarding the maintainability of the petition in the LHC.

Today, the high court removed its objections and admitted the petition for hearing. The LHC also issued a notice to the federal government and summoned Attorney General Anwar Mansoor Khan to provide assistance to the court.

The special court had on November 19 concluded the trial proceedings in the high treason case against Musharraf for declaring a state of emergency on November 3, 2007, and had ruled that a verdict would be announced on November 28 (Thursday) on the basis of the available record.

On October 24, the special court was informed that the government had sacked the entire prosecution team engaged by the previous PML-N government to prosecute the high treason case against Musharraf.

The special court had then reserved its verdict, observing that the prosecution team before being sacked had submitted detailed arguments which were sufficient to understand their point of view.

On Saturday, Musharraf had approached the LHC against the verdict reserved in the case and sought suspension of his trial in absentia.

During the proceedings today, Justice Naqvi said that there were media reports that the interior ministry had also petitioned the Islamabad High Court (IHC) with regards to the verdict in the high treason case. Musharraf's counsel told the court that the federal government had petitioned the IHC to stop the verdict.

Justice Naqvi said he agreed with the 2016 "Mustafa Impex" judgement by the Supreme Court and asked Rahim to assure them about the maintainability of Musharraf's petition in the LHC.

Musharraf's counsel cited the case of model Ayyan Ali as a reference. He said the special court had no legal status because, at the time that it was formed, the approval of the cabinet was not sought.

Rahim questioned that when questions are being raised about the formation of the special court, what legal status does its verdict have?

The court summoned a draft regarding the formation of the special court in the next hearing of the petition.

Justice Naqvi asked if the former president had gone abroad after seeking permission from the court, to which his lawyer responded in the affirmative.

The LHC decided to remove its objections to the petition and set it for hearing on November 28, the same day the special court is scheduled to announce its verdict.

Interior ministry petitions IHC

Meanwhile, the IHC on Tuesday heard petitions filed by Musharraf and the interior ministry requesting it to set aside the special court's decision to reserve its judgement in the case.

During the proceedings, a three-member larger bench of the court comprising IHC Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani asked Musharraf's lawyer, Barrister Salman Safdar, to sit down, saying they would hear the interior ministry's petition first.

Justice Minallah said that Musharraf is a judicial fugitive and asked the interior ministry's counsel to get a complete record from the law ministry regarding the interior ministry's stance and the formation of the special court. Prosecutor Sajid Ilyas Bhatti said that after confirming the entire record, he will inform the court.

Proceedings were adjourned until tomorrow.

In a surprise move, the Pakistan Tehreek-i-Insaf (PTI) government had on Monday come in aid of Musharraf, seeking deferment of the announcement of the verdict in the high treason case.

In a fresh petition that was interestingly identical to an application filed by Musharraf’s lawyer, the PTI government even 'disowned' the complaint filed by the previous government against him under Article 6 (High Treason) and requested the IHC that "the special court be restrained from passing final judgement in the trial".

In the petition filed through its secretary in the IHC, the interior ministry stated that the special court's decision to reserve its verdict in the case is in violation of the Constitution because it was issued without giving the ministry the opportunity to notify a new prosecution team in the case and because the judgement is set to be passed without hearing the prosecution during the trial.

Gen Musharraf, who has already been declared an absconder, and the incumbent government separately submitted identical petitions before the IHC to stop the special court from pronouncing the verdict.

The government petition was filed by the interior ministry through the additional attorney general.

High treason case

The high treason trial of the former military dictator for clamping the state of emergency on Nov 3, 2007, filed during the PML-N government, has been pending since 2013.

He was booked in the treason case in December 2013. Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016 with the nod of superior courts as well as the interior ministry.

Since then he has been an absconder in the case.

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