ISLAMABAD, Oct 23: The Supreme Court has been requested through a petition to do away with technicalities and order registration of a case of high treason against former military ruler Gen (retd) Pervez Musharraf for proclaiming a state of emergency on Nov 3, 2007.

According to the petition filed by Maulvi Iqbal Haider, “any inaction” on the part of the court now may encourage others to do the same.

The petition in fact is an appeal against the Sindh High Court verdict of Oct 14 this year, which dismissed an earlier petition filed by Mr Haider by holding that the SHC was exercising restraint in line with the Supreme Court's July 31, 2009, judgment that had declared the emergency proclamation unconstitutional but had not ordered Musharraf's prosecution.In his new petition, Mr Haider requested that Sharifuddin Pirzada and former attorney-general Malik Mohammad Qayyum be also proceeded against for helping Gen Musharraf proclaim emergency and for ignoring the verdict of the seven-judge bench of the apex court which had overturned the emergency order soon after its proclamation.

The petition has requested the court to declare that by issuing or helping to issue the proclamation of emergency, Provisional Constitution Order 2007 and Oath of Office (Judges) Order 2007 (under which the provisions of the Constitution were held in abeyance and later many provisions were amended), Gen Musharraf, Mr Pirzada and Mr Qayyum had conspired to abrogate and subvert the Constitution, thereby committing high treason.

The federal government, through the law ministry and interior secretary, the home secretary of Sindh, Sharifuddin Pirzada and Malik Qayyum have been made respondents in the petition.

The petitioner pleaded that the high court was competent to issue directions for the registration of a treason case against Gen Musharraf in the light of Article 6, (high treason), Article 4 (right of individuals to be dealt with in accordance with law), Article 5 (loyalty to state and obedience to Constitution and law), and Article 25 (equality of citizens).

The petitioner recalled that after the proclamation of emergency and imposition of PCO in 2007, 13 of the 18 judges in the Supreme Court, 11 of the 31 in Lahore High Court, 19 of the 28 in Sindh High Court and four of the 13 in Peshawar High Court had refused to take oath under the Oath of Office (Judges) Order 2007.

The petitioner also urged the court to declare that the March 16, 2009, government notification (No F-12(4)/2007-A-11), which reinstated the superior court judges, had attained finality because it had been issued on the demand of the people of Pakistan.