IHC verdict stopping Special Court from announcing Musharraf treason case decision Challenged in SC

Former President General (retd) Pervez Musharraf

Former President General (retd) Pervez Musharraf

Islamabad … News Time

A petition was filed in the Supreme Court against the order of the Islamabad High Court to stop the decision of a serious treason case in the special court against former President General (retd) Pervez Musharraf. A petition filed by former president of the Bar Association of the Lahore High Court has been taken in the context of the decision of the Supreme Court, dated April 4, 2019; the latter decision should be canceled. The newspaper reported that on April 4, the Supreme Court had ruled that the treason case against Pervez Musharraf was of paramount importance and that it should be brought to a speedy conclusion. The judgment also said that the former president would lose his right to defend if he did not appear before the special court on November 3, 2007. And will not be allowed to control the prosecution for the benefit of the accused.

The apex court issued the verdict because the special court could reach a logical conclusion. The said directive contained clear instructions that if Pervez Musharraf did not appear, then proceedings against him should be continued without recording his statement under Section 342 of the Criminal Code procedure. It may be recalled that the Lahore High Court Bar Association had approached the Supreme Court on November 26 that the special court should be ordered to act on the fast-moving direction of the Supreme Court. However, on November 27, the Islamabad High Court barred the special court from ruling a serious treason case, ruling on similar petitions of Pervez Musharraf’s lawyer and the Interior Ministry.

Asif, in a new petition filed by the Supreme Court, Asif asserted that the High Court order was in conflict with the constitution and the law. Because the special court was established under section 4 (1) of the Criminal Law Amendment Act 1976 and no writ petition can be filed in the High Court. The petition further stated that after the enactment of the 1973 constitution, the procedure of special court was formulated however; the High Court cannot hear the writ petition under section 199 clauses 5 of the constitution. The applicant has the right to appeal under Section 12 clause 3 of the Special Court Act 1976 while the Ministry of the Interior is using delayed tactics to avoid serious treason case judgment. The aforementioned plea has made the Interior Ministry, former President Pervez Musharraf, the special court and the federal government a party.

Serious treason case:

It should be noted that on November 3, 2007, the PML-N government filed a serious treason case against former President Pervez Musharraf for imposing and imposing an emergency, which he did not appear in many hearings and later he had to leave the country due to illness. The special court in Islamabad reserved the judgment of serious treason case on November 19, 2019, which was to be heard on November 28 this year. However, Musharraf had filed a petition in the Lahore and Islamabad High Court against the decision. At the same time, the federal government also approached the Islamabad High Court to stop the special court from delivering the verdict. At a hearing on November 27, the Islamabad High Court stayed the special court from hearing the verdict of a serious treason case. After which the special court in its written decision in the November 28 serious treason case hearing said he would not comment on the High Court verdict and a bench comprising 3 judges said he was not obliged to implement the Islamabad High Court decision.

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