Special court kills Musharraf's court martial hopes: plea challenging jurisdiction dismissed

A Special Court trying former army chief Pervez Musharraf on high treason charges Friday ruled that it has jurisdiction to hear the case and summoned him on March 11 for his possible indictment. Announcing its reserved verdict on the issue of jurisdiction, a three-member Special Court of Justice Faisal Arab turned down the plea of defense counsel that the accused should be tried by a military court for high treason charges.
The bench found the defence counsel's arguments unimpressive saying the Army Act 1977 was repealed in 1981 so the Special Court had a complete authority to try Musharraf in response to the federation's complaint for high treason. The defence counsel had challenged the jurisdiction of this Special Court with a plea to transfer the case to a military court.
After providing ample opportunity to Musharraf's counsel to substantiate their contentions over the issue of jurisdiction, the Special Court reserved its verdict. Later, Justice Faisal Arab announced a 16-page verdict over the issue of its jurisdiction soon after a legal team member for the accused, Rana Ijaz, levelled allegations of partiality against the bench by terming it an 'assassin'.
He further said that he would not comply with court's order in the instant case, adding that he was ready to face consequences of contempt of court. However, Justice Faisal Arab told him: "Do not give media statements before the court". The bench ruled that "Musharraf has ceased to be subject of the Army Act because he retired from the service in November 2007, adding that after seven years of his retirement he cannot under any provision of the Army Act be treated as subject of the Act."
The court further said, "The provisions of Section 549 of the CrPC become applicable only when a person, who is subject to the Army Act, commits a crime, for which he is liable to be tried either by a Court to which the CrPC applies or by a court-martial - this is not the case in hand -. the accused is neither subject to the Army Act nor the offences described in the High Treason (Punishment) Act, 1973 fall within the ambit of the Army Act, rather such offences are exclusively tri-able by the Special Court".
The bench maintained in its order that defense counsel has emphasised the Pakistan Army (Amendment) Act, 1977 (Act X of 1977) while presenting arguments, but the counsel lost sight of the fact that the Act X of 1977 stood repealed on July 8, 1981 on the promulgation of the Federal Laws (Revision and Declaration) Ordinance 1981(XXVII of 1981). "The instant Criminal Miscellaneous Application No 6 of 2013 seeking transfer of the complaint from this Court to the court-martial under the Pakistan Army Act is dismissed," the order concluded. Later, the hearing of case was adjourned till March 4.