SC Objects To Musharraf’s Appeal Against Special Court’s Verdict

The top court’s registrar office says that appeal cannot be entertained unless the convict surrenders himself before law.

ISLAMABAD: (Urdu Point/ UrduPoint / Pakistan Point News- Jan 18^th, 2020) Supreme Court’s Registrar Office has objected to appeal of former military ruler General (retired) Pervez Musharraf challenging special court’s verdict against him over high treason case here Saturday.

The Registrar Office returned the appeal on the grounds that unless the petitioner surrendered himself before the law, his plea could not be entertained.

The top court is empowered not to accept any appeal under Order 23, Rule 8 of the Supreme Court Rules, 1980, if a convict does not surrender himself to the authorities.

However, Barrister Salman Safdar said that the objection of the registrar office would be challenged. On Thursday, Pervez Musharraf filed appeal against verdict of the Special Court which was set aside by the Lahore High Court. He made Secretary to Interior Ministry, special court and the state as respondents in the case in his 90-page lengthy criminal appeal before the top court.

The appeal came days after the Lahore High Court declared formation of the special court as “unconstitutional”.

On Monday, a LHC three-member bench allowed petition filed by former President General (retired) Pervez Musharraf challenging constitution of a special court in high treason case.

A three-member bench comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhary Masood Jahangir announced the reserved the verdict after hearing arguments of both sides.

The court set aside decision of special court wherein former military ruler Pervez Musharraf was awarded death sentence on five counts for abrogating the Constitution and imposing emergency in the country in Nov 3, 2007.

The bench led by Justice Naqvi also held that special court could not sentence Musharraf without hearing him while formation of the special court was also declared unlawful. "Without approval of the cabinet, a special court cannot be formed for hearing of high treason case," the bench observed.

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 testimony of a legal expert 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.

“There was no formal approval of the cabinet for formation of the special court for high treason case against former military ruler Pervez Musharraf,” said the law officer, adding that the charges filed against the former president were flimsy, since under the emergency powers of the executive, fundamental rights could be suspended.

Pervez Musharraf had challenged not only the 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 government of former prime minister Nawaz Sharif that resulted in the trial. He asked the court to set aside formation of the special court for hearing of high treason case against him.