The Pakistan Bar Council (PBC) has challenged the Lahore High Court (LHC) judgment against the Special Court death sentence to former army chief General (retd) Pervez Musharraf.
The PBC Vice-Chairman, Abid Saqi, on behalf of the highest representative and regulatory body of the legal professionals and lawyers in the country, on Thursday filed the petition against the LHC judgment dated January 13, 2019 in the apex court.
He stated that Pervez Musharraf on 3rd November 2007 imposed emergency throughout the country and the Constitution was held in abeyance/suspended.
The Supreme Court had declared that the Proclamation of Emergency Order (PEO), 2007, and the Provisional Constitution Order (PCO) in violation of the Constitution and law and thus illegal, without lawful authority and of no legal effect by a 14-member bench of the apex court in the Sindh High Court Bar Association versus the federation case.
The apex court later dismissed Pervez Musharraf's review petition against the said judgment.
Abid Saqi submitted that pursuant to the 14-member bench's declaration, a petition was filed before the Supreme Court praying that a case under Article 6 of the Constitution be initiated against Pervez Musharraf for committing offence of high treason.
The apex court disposed of the petition, when the then Attorney General for Pakistan informed the court that the prime minister had directed the secretary Interior to direct the DG FIA to constitute a special investigative team to inquire the matter regarding imposing emergency in the country and issuance of the PCO by Musharraf.
Ultimately the special court started Pervez Musharraf's trial.
In the meantime, the Lahore High Court Bar Association filed a review petition in the Supreme Court that on April 1, 2019 passed an order.
In light of the apex court order, the Special Court proceeded with the case against Musharraf.
"He was summoned on various dates, but in utter disregard of the rule of law and the Constitution, the ex-army chief absented himself and continued to remain absconded."
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