ISLAMABAD – Lahore High Court gives detailed verdict in former PresidentPervaiz Musharraf treason case
The Lahore High Court (LHC) issued a detailed verdict in Musharraf’s HighTreason case setting aside the conviction order of the special court, mediareported on Monday. The judgment was based on 36 pages.
The judgment was issued by LHC bench comprising Justice Syed Mazahar AliAkbar Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhry MasoodJahangir. The bench set aside all measures starting from filing ofcomplaint, formation of a special court, trial in absentia, appointment ofprosecution team and conclusion of the trial.
The LHC ruled that the steps were taken in violation of the Constitution,law and principles of criminal justice system laid down by the superiorcourts.
Read the judgment here link
The LHC ruling stated that constitutional parameters were not fulfilled indeciding the high treason case. It added that trial in absentia isviolation of Article 10-A which guarantees the right to fair trial to theaccused.
The detailed verdict stated that the case against the former president wasneither prepared nor filed in accordance with the law. It stated thatcabinet approval to initiate the charges and filing of case, which ismandatory, was not sought.
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The verdict mentioned that amended Article-6 of the Constitution underwhich Musharraf was found guilty of suspending the Constitution, could notbe applied in the said case.
The court maintained that Section 9 of the Criminal Law Amendment (SpecialCourt) Act, 1976, which allows the special court to conduct trial inabsentia, being ultra vires of the Constitution.
Pervez Musharraf had filed petitions challenging the special court’sverdict and other relative steps including filling of the complaint and theselection of prosecution team by the then government headed by MianMuhammad Nawaz Sharif.
Earlier, the counsel for Musharraf said the formation of special court wasillegal. He said that Nawaz Sharif, who was Prime Minister at that time,had lodged a ‘fake’ case against Musharraf due to personal grudges.
