Lahore High Court has issued a written decision on the request of former President General (retd) Pervez Musharraf
Lahore … News Time
Lahore High Court has issued a written decision on the request of former President General (retd) Pervez Musharraf against the formation of a special court. According to the judgment written by Justice Mazhar Ali Akbar Naqvi, the 3-member Bench of the Lahore High Court contradicts the constitution of the special court. In a written decision, the High Court termed the formation of a special court illegal and said that the legal requirements for conducting the case were not fulfilled. The judgment further said that action taken without cabinet approval is illegal and unconstitutional while punishment in the absence of the accused is a violation of constitution and law.
The written decision also stated that making a case against Pervez Musharraf was a constitution from the beginning that the building standing on the wrong grounds would also collapse. The Lahore High Court termed the prosecution against former president Pervez Musharraf unlawful and illegal and said that the prosecution cannot be filed without the approval of the federal government. The decision stated that only prosecution was taken on the order of the Prime Minister, which is unconstitutional. Under Article 6, the amendment cannot be applied in the past. The detailed decision states that the proceedings of the special court are unconstitutional and that in the absence of Pervez Musharraf, punishment is a violation of the constitution and Islamic laws.
The court ruled that Article 6 was changed during the 18th Amendment, so Article 6 could not be applied in the past; the legal requirements for setting up a special court and handling the case were not met. The High Court termed the formation of a special court and the sentence imposed in the absence of Pervez Musharraf unconstitutional, while the court also rejected Article 9 of the Special Court Law Act 1976.
On January 13, the Lahore High Court upheld the request of former President Pervez Musharraf and declared the formation of a special court unconstitutional. Former president Pervez Musharraf had filed a petition against the special court, stating that the formation of a special court was unconstitutional. Pervez Musharraf has not been approved by the federal cabinet to prosecute him. Nawaz Sharif set up a special court at his discretion, including the appointment of a special court prosecutor.
