LAHORE: Lahore High Court (LHC) on Monday has nullified the formation of special court which sentenced former president and top military official Pervez Musharraf to death in high treason case.
A three-member bench headed by Justice Mazhar Ali Akbar and comprising Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir announced the unanimous verdict on Musharraf’s plea against the establishment of the special court.
During the proceedings, the court has annulled section 4 of the Criminal Law Amendment (Special Court) Act, 1976 and ruled that the treason case trial against the ex-president was not prepared according to the legal requirements.
Musharraf files petition against establishment of special court
Pervez Musharraf had filed a petition in LHC and asked to set aside the special court’s verdict as it had violated Articles 10-A, 4, 5, 10 and 10-A of the Constitution. He had also requested the court to suspend the decision of special court till verdict on his plea.
While hearing the plea, the court had expressed resentment over Musharraf’s counsel and asked whether he had carefully read the case and prepared arguments over which, the lawyer said that the case was not complicated as the formation of special court was illegal.
He said that Nawaz Sharif, who was Prime Minister at that time, lodged fake case against Pervez Musharraf due to personal grudges.
Justice Mazhar Ali Akbar remarked that under which section, the trial court had indicted the accused in the case. Responding to the judge, Additional Attorney General Ishtiaq A Khan said that indictment was carried out on the charge of violating the Constitution by imposing emergency in the country.
Special court sentences Pervez Musharraf to death in high treason case
Earlier on December 17, special court in Islamabad had sentenced former president and top military official Pervez Musharraf to death in high treason case.
Justice Nazar Akbar opposed the verdict of sentencing Pervez Musharraf to death and cleared him of the accusations while Justice Waqar Seth and Justice Shahid Karim handed him the death penalty.
“We are of the considered view that the accused in this High Treason case has been afforded more than his due share of fair trial. The protected trial of a constitutional and not any ordinary offence that began six years ago in 2013, has yet to see its end in 2019. The accused, who has been given every opportunity to defend himself, has by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country. The facts of this case are well documented. The documents clearly demonstrate the guilt on the part of the accused. It proves beyond a shadow of reasonable doubt all the charges of High Treason leveled against accused by the State.
“It is patent by the act and conduct of the accused facing trial, that he has persistently and stubbornly strived ever since the commencement of this trial, to delay, retract and in fact evade it. It has been his plea throughout that either on account of ill health or for security hazards he could not reach up to this Court to face trial.
“As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be therefore hanged by his neck till he dies on each count as per charge.
“We direct the Law Enforcement Agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days.”