Musharraf moves LHC against constitution of special court

Former president and army chief Gen Pervez Musharraf (retd) on Saturday approached the Lahore High Court against constitution of a special court hearing a complaint against him on high treason charges and urged to declare its proceedings as unconstitutional.

In a civil miscellaneous application filed in already pending main petition against the trial, Musharraf termed the whole proceedings of the special court a violation of Articles 90 & 91 of the Constitution.

It has been contended in the application that the complaint against Musharraf was filed on the directions of the then prime minister who in isolation was directly aggrieved by the act of the petitioner.

It urged that the complaint had been filed without adopting procedure qua consultation and approval of the cabinet as required under the law.

The plea also contended that the mandatory procedure as set in the High Treason Act, 1973 as well as the Criminal Law Amendment Act, 1976 had not been followed in letter and spirit as well. The application stated that after perusing the report of the interior and law ministries filed in relation to the main petition and the other record revealed that "no declaration had been made by the SC that an offence of high treason had been committed in view of Article 6 of the Constitution."

It further contended that the matter of jurisdiction with regard to filing a complaint and appointment of a prosecution team could not be decided by the special court itself.

It said all these questions needed to be decided by the LHC and the special court was required not to proceed further with the high treason case.