High treason: Justice Naqvi refers Musharraf's stay plea to LHC CJ Khan

In his petition, the former army chief had requested the high court to declare the treason trial unconstitutional

LAHORE: A divisional bench of the Lahore High Court comprising Justice Sayyed Mazahar Ali Akbar Naqvi on Tuesday referred the petition filed by Musharraf seeking a stay in the proceedings of the high treason trial in special court to LHC Chief Justice Sardar Muhammad Shamim Khan and requested the constitution of a full bench to hear the petition.

In his petition, the former army chief had requested the high court to declare the high treason trial including the initial complaint as unconstitutional. Through the petition, he maintains that the high treason complaint was filed without the then federal cabinet's approval and claims that the former premier Nawaz Sharif had constituted the special court on his own discretion.

He also requests the high court order Federal Investigation Agency (FIA) to investigate alleged aiders and abettors for proper appreciation of facts and evidence at trial.

The petition also raised objections over the formulation of special court and constitution of the prosecution team, claiming that it violated the essence of Articles 90 and 91 of the Constitution.

LHC seeks govt’s reply on Musharraf’s plea on Tuesday

Case history

The high treason case was filed against the former president by the PML-N government in 2013 for clamping the state of emergency on November 3, 2007. Musharraf was booked in the high treason case in December 2013 and indicted on March 31, 2014.

Courtesy to litigation at appellate forums, the trial was delayed and the former army chief was allowed by the courts as well as the interior ministry to leave Pakistan in March 2016.