LHC top judge to head special court for Musharraf trial

CJP also nominates SHC judge Nazar Akbar as new member of the three-judge bench

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar has nominated Lahore High Court (LHC) Chief Justice Yawar Ali as head of a three-judge special court holding high treason trial of former military ruler Gen (retd) Pervez Musharraf on the charges of subverting the Constitution by imposing emergency on November 3, 2007.

According to sources, the CJP has also proposed the name of the Sindh High Court (SHC) judge Nazar Akbar as a new member of the bench. The third member of the bench is Justice Tahira Safdar of the Balochistan High Court (BHC).

The nominations were made on the government request after the head of the bench, Peshawar High Court (PHC) Chief Justice Yahya Afridi, recused himself from the case last week.

Musharraf’s counsel had earlier raised objections to Justice Afridi’s presence on the bench, arguing that he was part of the lawyers’ movement against the former president in 2007-08.

Justice Yawar Ali, who is set to retire on October 22, has been part of the bench since the beginning of the case in November 2013. It will be interesting to see whether or not the special court will be able to conclude its proceedings before his retirement.



After the fresh nominations by the CJP, the federal government will notify the new bench.

The bench had earlier maintained its March 8 order to suspend Musharraf’s computerised national Identity card (CNIC) and passport for not showing up despite multiple notices.

Musharraf, who has been in Dubai since 2016, had shown willingness to return to the country. But later, he refused to return to Pakistan despite security reassurances by Interior Minister Ahsan Iqbal.

The court had also directed the interior ministry to approach Interpol for the arrest of the former president. Legal experts call the case a big test for superior judiciary.

Since the disqualification of prime minister Nawaz Sharif on July 28, 2017, ruling party leaders have been criticising the judiciary for not taking cognisance of the case, arguing that high treason is a graver offence than corruption.

However, some circles started expecting moves for a possible repatriation of Musharraf after the SC ordered the federal government to take steps to bring back to Pakistan former ambassador to US Hussain Haqqani.

Haqqani is accused of writing a controversial memo to US administration against the country’s military establishment in the wake of the May 2011 killing of Osama Bin Laden in Abbottabad.

Musharraf had been indicted in the treason case in March 2014 after he made an appearance before the court and rejected all charges against him. Musharraf is blamed for subverting and circumventing the Constitution by imposing emergency on November 3, 2007.

On March 18, 2016, the former president flew to Dubai for medical treatment shortly after his name was removed from the exit control list. He has been living there since.