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A petition has been filed before the Lahore High Court seeking directions to allow every citizen to initiate high treason proceedings under article 6 of the constitution.
Pakistan Lawyers Forum (PLF) through AK Dogar advocate stated that according to Section 2(b) of the High Treason (Punishment) Act 1973 that a person who is found guilty of high treason in article 6 of the constitution shall be punished with death or imprisonment for life.
PLF had already filed a writ petition in LHC seeking high treason proceedings against Pervez Musharraf which contended that section 3 of the said act provides procedure for taking such an action. This provision says no court shall take cognisance of an offence punishable under act except on a complaint in writing made by a person authorised by federal government.
The counsel said article 6 does not lay down any condition that federal government can only invoke the provision of this article. This is well-settled that a sub-ordinate law cannot override any provision of the constitution. He therefore, prayed to the court to strike down section 3 of the said act for being ultra vire of constitution and any citizen be empowered to get an FIR registered against Pervez Musharraf for being guilty of high treason.

Copyright Business Recorder, 2010

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