Musharraf’s stay plea referred to LHC chief justice

Bench asks Justice Sardar Shamim Khan to constitute a full bench to hear former president’s plea

LAHORE: In an interesting development, a Lahore High Court (LHC) judge on Tuesday asked chief justice of the high court to form a full bench to hear a plea seeking stop proceedings of a special court that hours later awarded capital punishment to former president General (retd) Pervez Musharraf.

A single bench of the LHC, comprising Justice Sayyed Mazahar Ali Akbar Naqvi, took up General Musharraf’s petition filed earlier this month as he once again asked the former president’s counsels as to how the LHC could hear petition of a person who is not resident of the province.

“Just quote a single judgment to establish that the court can take cognizance of that matter in which the petitioner is residing in anther province,” he asked.

Musharraf’s counsels argued that a number of such judgments were available but could not furnish any precedent. “You can take time to answer as to how this case falls under LHC’s jurisdiction otherwise I will send the case to the LHC chief justice for constitution of full bench,” Justice Naqvi remarked.

The counsels request the judge to stay the proceedings before referring the case to the LHC chief justice as according to them, Justice Naqvi had already heard the case.

However, Justice Naqvi asked the LHC Chief Justice Sardar Shamim Khan to constitute a full bench to hear Pervez Musharraf’s petition rather than staying the special court.

The Musharraf’s counsel requested the court to summon the trial court’s record to which Justice Naqvi remarked the record will be summoned if required.  During the hearing, Justice Naqvi also question formation of the three-judge special court.

“How could the special court decide the trial court without recording his [Musharraf] statement under 342 CrPC [Code of Criminal Procedure],” he observed.  .

Additional Attorney General (AAG) Ishtiaq Ahmed Khan also appeared in the court and argued that prosecution had submitted an application to the special court to send a commission abroad for recording statement of the accused, General (retd) Pervez Musharraf under 342 CrPC.

However, AAG Khan said, the special court had made it clear to the prosecution to submit such application as soon as possible as it wanted to wind up the trial that is pending for six years.

Musharraf, in his petition, had requested the LHC to stay the trial in absentia until he recuperates and appears before court.

He further sought directions for the Ministry of Interior secretary and the Federal Investigation Agency (FIA) director general to conduct a proper and unbiased investigation into the case to know about the alleged aiders and abettors.