IHC rejects ex-president’s pleas against trial

ISLAMABAD - Islamabad High Court (IHC) Thursday issued the detailed verdict on the intra-court appeals filed by former President General (Retd) Pervez Musharraf against the formation of a special court to try him for high treason under Article 6 of the constitution.
Justice Noor-ul-Haq N Qureshi announced his 11-page long detailed judgment over the three pleas moved by the former military strongman and rejected all the three pleas.
In his plea the applicant had stated that the notification regarding the formation of a special court should be cancelled as it was not in accordance with the Constitution and law of Pakistan.
The objections against the formation of a special court to hold the treason trial raised by the former military ruler had no legal status, according to the verdict announced by the court.
The judge noted in his decision that Article 6 of the Constitution does not permit to hold the trial under Army Act.
Earlier on December 19, the court had reserved its verdict after the completion of arguments and later turned down all the three petitions in its short judgment.
In the 11-page long verdict, the court declared that the eight objections raised by Musharraf have no legal status. The former dictator had raised objections over the authority of the special court, appointment of judges and prosecutor.
The court stated in its detailed verdict that the treason case against Musharraf would only be heard in the special court and trial in military court is not possible until certain legal amendments are made.
It is worth-mentioning here that the special court comprises Sindh High Court’s Justice Faisal Arab, Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali of the Lahore High Court.
Musharraf, when challenging the authority of the special court, stated that he was the army chief when he imposed emergency in the 2007 and a military court alone could conduct his trial.
The ex-military strongman was due to appear before the special court on December 24 to face treason charges under Article 6 for suspending, subverting and abrogating the Constitution, imposing an emergency in the country in November 2007 and detaining judges of the superior courts.
But on the day of the hearing, Musharraf’s counsel told the bench that Musharraf could not personally appear before the court due to security threats.
Now, the special court will resume the hearing against Musharraf of high treason on January 1.

on epaper page 5

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