The Lahore High Court on Monday questioned maintainability of a petition on territorial jurisdiction filed against verdict reserved by a special court in high treason case against former president Gen Pervez Musharraf (Retd).
The court put a query, "Can a citizen of Islamabad approach Lahore High Court?" and asked the counsel of Musharraf Khwaja Tariq Rahim and Azhar Siddique to come up with more arguments on Tuesday (today).
The court also sought assistance from the counsel on a point that the LHC was competent to hear the petition in hand despite the matter was also pending before the Supreme Court. The court took up the petition as "objection case" as registrar office had questioned maintainability of the petition.
On court a query whether the petitioner was resident of Islamabad Kh Tariq Rahim responded in affirmative.
"How this petition can be heard at Lahore High Court?" the judge posed next query to the counsel.
The counsel said, the LHC had also entertained petition of former prime minister Nawaz Sharif while he was convicted by an Islamabad trial court.
At this court observed that Mr Sharif was a resident of Lahore.
The counsel argued that Musharraf approached the LHC under article 199 of the Constitution for the protection of his fundamental rights.
The court asked the counsel to address the question of territorial jurisdiction first.
The special court on November 19 last had concluded the trial proceedings in the high treason case against Musharraf for declaring a state of emergency on November 3, 2007.
The petition said Musharraf was unable to return to Pakistan due to his medical condition while the special court hold proceedings on a day to day basis in the absence of the accused (Musharraf).
The petition asked the high court to grant an injunctive relief to Musharraf and suspend the special court's decision besides staying the trial in absentia until his physical appearance before it.
Copyright Business Recorder, 2019
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