LAHORE – New developments reported over former President Pervaiz Musharrafdeath penalty case in Lahore High Court.
The Lahore High Court has been pleaded for reviewing its decision ofstriking down complaint, trial and special court that tried and awardeddeath penalty to former military ruler retired Gen Pervez Musharraf forhigh treason.
“Where there is a statutory right of appeal available in the Supreme Courtof Pakistan, a constitutional petition does not lie in the high court,”pleads a review application filed by Lawyers Foundation for Justice throughits counsel AK Dogar.
The application has been filed under section 114 read with Order 47 Rule 1of Civil Procedure Code and PLD 1970 SC 1 for review of the order passed bya full bench of the LHC on Jan 13 on a writ petition by Musharraf. The fullbench is yet to issue its detailed order.
The review plea states that section 12(3) of Criminal Law Amendment(Special Court) Act 1976 clearly provides that any party aggrieved by finaljudgment of the special court may prefer an appeal to the Supreme Courtwithin 30 days of the passing of the judgment.
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It relies on a SC judgment titled “Muhammad Raza Hayat Hiraj versesElection Commission-2015”, which ruled that interlocutory orders passed bythe election tribunal impugned before the high court were not liable to beset aside in its constitutional jurisdiction as the petitioners before thecourt had a remedy available to them by the way of appeal under section 67of the Act after disposal of the election petitions.
The foundation had also filed a civil miscellaneous application before thefull bench challenging its jurisdiction to hear the petition of Musharraf.In its review, it says the full bench had observed that the applicationwill be considered but soon thereafter it was announced that the orderwould be announced later in the day.
It argues that the writ petition of Musharraf was allowed by the benchwithout hearing the applicant as required under the law. It further arguesthat the decision passed by the full bench is violative of the principlesof natural justice.
