SHC reserves verdict in treason case against Musharraf

KARACHI A division bench of Sindh High Court on Tuesday reserved its verdict on a constitutional petition seeking launching of treason cases against former president gen (r) Pervez Musharraf. The bench comprising Chief Justice Sarmad Jalal Usmani and Abdul Hadi Khoso reserved the judgment on the petition filed by Maulvi Iqbal Haider who submitted that any person who abrogates or hatches a conspiracy to abrogate, subverts or attempts or conspires to subvert the constitution forcibly by unconstitutional means shall be guilty of high treason. The petition stated that former president had violated the constitution, and was involved in illegally using national resources besides damaging the federation and tarnishing the states image. Kamal Asfar advocate and Rizwan Siddiqui advocate appeared before the court on the behalf of Sharifuddin Pirzada and former attorney general Malik Abdul Qayum respectively. During the proceeding, the Chief Justice remarked that though former dictators had also amended the Constitution before Musharraf, the courts then did not give any judgment against dictators. However, if Musharraf did the same, what offence did he commit?. The CJ maintained that if the apex court did not initiate proceedings against former president Pervez Musharraf, how could the high court do so. Deputy Attorney General Umar Hayat Sindhu contended as there was a big crisis in the country, therefore the said chapter should not be opened. In the last hearing, the counsels for Sharifuddin Pirzada and Malik Abdul Quyum had submitted their comments before the bench advocating that their clients were not involved in any offence with respect to violating the constitution. They stated that the November 3, 2007 emergency was declared by then president of Pakistan, chief of army staff and the governors, while their clients had nothing to do with that. They pleaded for exonerating them from the charges. Earlier, the court had issued notices several times to Musharraf requiring him to appear before the court, but he did not do so. Afterward, the ordered publication of advertisements in national as well as international newspapers, directing Musharraf to appear before the court. After hearing the arguments, the SHC reserved the judgment till the next date to be fixed later. Maulvi Iqbal Haider moved the petition under Article 199 of the Constitution of Pakistan, seeking trial of Musharrf, his aides Sharifuddin Pirzada and Justice (r) Malik Muhammad Qayyum on charges of high treason as they abetted in abrogation and subversion of the Constitution, either by proclaiming or assisting in proclaiming Provisional Constitution Order (PCO 2 of 2007). He submitted that all acts taken by the former president on Nov 03, 2007, were illegal and thereafter all amendments are also illegal.

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