Setting up of a commission: IHC refuses to issue stay order in Musharraf's petition

Islamabad High Court Tuesday refused to issue stay order in former President General Pervez Musharraf's (retd) petition challenging an order of a special court for establishment of a commission tasked with travelling abroad and recording his statement.
A division bench of the IHC comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani conducted hearing in the matter and deferred the proceedings till November 19, directing Musharraf's counsel to file his arguments regarding admissibility of the petition on the next date of hearing.
The former president moved the court through his counsel Barrister Salman Safdar and cited the special court through its registrar, Ministry of Interior and Federation of Pakistan through Secretary Law, Justice and Human Rights Division as respondents.
The special court on October 15 had ordered that Musharraf's statement in the high treason case would be recorded through a commission, which will travel abroad. Musharraf challenged the order of the special court, saying that the formation of a commission by the special court to record the statement was alien to Pakistan's criminal procedure and unprecedented.
He added that the object and purpose of section 342 CrPC is violated by delegating the process of Section 342 CrPC to a commission. "Neither the CrPC nor any provisions under the Criminal Law Amendment (Special Courts) Act 1976 provides for setting up such a commission; as no rationale or reasoning is provided in the impugned order for forming the commission, the impugned order is not a speaking order as required by section 24A of the General Clauses Act 1897," said the petition.
The former president maintained that the impugned order is unconstitutional as it violates the right of the petitioner to be dealt with in accordance with law as protected by Article 4 of the Constitution, 1973.
Therefore, he prayed to the court that the impugned order, as it is not provided for by the CrPC or any other law, may be declared a nullity in the eyes of the law and be set aside. He added that the said order, given that it violates the petitioner's right to be treated in accordance with law as per Article 4 of the Constitution, may be declared unconstitutional.