General (Retd) Pervez Musharraf. PHOTO: REUTERS
LAHORE: Former military ruler Gen (retd) Pervez Musharraf has petitioned the Lahore High Court (LHC) seeking a stay of proceedings of a special court trying him for treason for “subverting” the Constitution.
The three-judge special court, which has been taken up with the Musharraf treason trial since Dec 2013, has said that it would announce its verdict on Dec 17, 2019 after arguments of the new prosecution team.
In the petition, filed through his counsel Advocate Azhar Siddique, the former president has raised questions over the formation of the special court and constitution of the prosecution team, claiming that the “essence of Article 90 & 91 of Constitution was violated”.
He has also sought complete trial record of the special court for the purpose of adequate and full adjudication of the case on the principles of merit, as well as on the constitutional issues raised therein in the interest of justice equity and fair play.
The LHC is already hearing a petition of Gen (retd) Musharraf against the special court order in which it had said that it would announce the verdict on Dec 6. The Islamabad High Court, in the meantime, had stopped the special court from announcing its verdict on a petition filed by the interior ministry, which is prosecution in the case.
LHC Justice Sayyed Mazahar Ali Akbar Naqvi had directed Additional Attorney General Ishtiaq Ahmed Khan on December 10 to discuss with the interior secretary whether Musharraf’s 2007 act was “abrogation of the Constitution” or it was the emergency, and how this case falls under high treason and could the complaint be withdrawn at this stage”.
Interior Minister Ijaz Shah has said that the government believes Musharraf has not been given a “fair trial”. “Musharraf is the first man [in Pakistan’s history] to have been tried under Article 6 [of the Constitution]. And this government believes it will be unfair if all the steps in the criminal justice procedure are not completed against him,” Shah said in an interview on Express News show, Centre Stage, on Thursday.
Advocate Siddique implored the court that the Supreme Court’s directions in the case were very clear under which the government was to initiate the process either by filing a complaint or conducting investigation as well as constituting a prosecution team through legal process. However, that didn’t happen as it was the then prime minister, Nawaz Sharif, who himself had ordered everything rather than seeking approval from the cabinet.
“Article 270-AA and Article 232 of the Constitution as well as Supreme Court judgment are very clear to understand the whole picture,” he argued.
Musharraf has been accused of subverting/abrogating the Constitution which, according to Article 6 of the Constitution, constitutes high treason and the punishment for this offence is death sentence or life imprisonment.
He had implored the LHC to stay his trial in absentia until he recuperates and appears before the court.
The court has directed the interior secretary and the FIA director to conduct a proper and unbiased investigation including names of all alleged aiders and abettors for proper appreciation of facts and evidence at trial.
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