LAHORE: The Lahore High Court (LHC) on Monday termed as ‘unconstitutional’ the formation of a special court that had tried former president General (retd) Pervez Musharraf for high treason.
The high court also ruled that the amended Article 6 of the Constitution, under which Musharraf had been found guilty, could not be applied in the case. Article 6 of the Constitution was modified through the 18th Amendment in 2010, while the case against Musharraf concerned events that preceded that date.
The decision came in response to a petition filed by Musharraf challenging the formation of the special court for the high treason case against him.
Musharraf had been handed the death penalty in December last year after being found guilty on five counts in a 2-1 majority verdict. He had subsequently approached the LHC filing three petitions earlier this month.
The former president had not only challenged his conviction but also the formation of the special court that handed him the death penalty for high treason, as well as the complaint filed against him by the former government that resulted in the trial.
However, the court had only admitted the petitions challenging the formation of the special court and the complaint registered against the former president. The hearings had proceeded before a three-member bench of the high court.
Earlier today, a three-member bench comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhary Masood Jahangir reserved the verdict after hearing arguments of both parties.
During the proceedings, the government produced the summary and other records related to the formation of the special court set up to try the former president for high treason. Previously, the court had asked the government for the records after the testimony of a legal expert in this regard.
Additional Attorney-General Ishtiaq Ahmad Khan told the court that the constitution of a special court to try Musharraf under Article 6 of the Constitution was not part of the agenda of Federal cabinet meetings of the government of former premier Nawaz Sharif.
ADVERTISEMENT
