The Lahore High Court (LHC) on Thursday questioned how the case against Gen (r) Pervez Musharraf falls under ‘treason’.
Justice Sayyed Mazahar Ali Akbar Naqvi directed the federal government’s lawyer to assist the court on December 3 and explain how Musharraf’s case falls under treason. He also directed the federal government to submit complete record of the case.
Justice Naqvi told the counsel to read Article 6 of the constitution and asked that if one act was made on October 1999, how an act that took place on November 3, 2007, falls under treason.
Musharraf’s counsel Azhar Siddique argued that the formation of the special court was illegal, adding that no approval was obtained by the then federal government. “It is not the jurisdiction of the special court to initiate trial against former president Musharraf,” he said. He also argued that Musharraf’s trial was conducted in his absence, noting that there is a law about conducting trials in the absence of the accused. “The court’s concern is how this case falls under treason,” said Justice Naqvi.
Meanwhile, a special court in Islamabad, which was halted from announcing its judgement in the long-drawn high treason case against former president Gen (r) Pervez Musharraf, on Thursday expressed its displeasure at the non-submission of a written response by the former military ruler’s government-appointed lawyer, Raza Bashir.
Special Court decides to hear high treason case on a daily basis from Dec 5
While reserving its verdict in the case earlier this month, the special court had ruled that Musharraf’s counsel could submit written arguments by November 26. On Wednesday, the Islamabad High Court (IHC) had stopped the special court from issuing the verdict in the high treason case on a petition filed by the interior ministry.
During Thursday’s proceedings by a three-member bench headed by Justice Waqar Ahmed Seth, Advocate Bashir appeared in the court and informed the bench that they have submitted an application seeking Musharraf’s acquittal. A representative of the interior ministry was also in court. Justice Seth told the representative that the high court has granted the government time till December 5 to appoint a prosecution team. “After December 5, we will not give you further time,” he said, adding that they will hear the case on a daily basis after that date. The judge said that Musharraf can record his statements any time prior to the next hearing, adding that they will not accept any application after the hearing. “We are not bound to implement the high court’s decision,” said Justice Shahid Karim. “We are only bound by the Supreme Court’s orders,” he said. “We will not comment on the high court’s decision,” he added. The proceedings were adjourned until December 5.
