Justice Umar Ata Bandial on Tuesday directed the Supreme Court Registrar Office to fix General Pervez Musharraf's (retd) petition about Special Court judgment in the open court.
Musharraf's Counsel Salman Safdar appeared before the judge in his chamber and argued the appeal against the objections of the registrar.
After hearing the counsel, Justice Bandial ordered that the matter be fixed before a three-member bench in the open court.
The SC Registrar office had returned Musharraf's appeal against the Special Court judgment for not being entertainable. However, he stated that the appeal could be filed against his order under Rule 3 of Order of Supreme Court Rules, 1980, within 30 days.
The SC Registrar office order stated; "The instant Criminal Appeal is not entertainable in term of Order XXIII, Rule 8 of Supreme Court Rules, 1980 and the law laid down by the august court in [various] judgments."
Former army chief was convicted under Article 6 of Constitution and was punished under Section 2 of High Treason (Punishment) Act, 1973 to death through the Special Court judgment dated 17-12-2019.
The order noted; "Appellant has not yet surrendered himself in compliance of the judgment and filed Crl. Misc application seeking exemption from surrender on the ground of his ailments."
Pervez Musharraf on January 16 filed criminal appeal through Barrister Salman Safdar under Section 12(3) of the Criminal Law Amendment (Special Court) Act, 1976 read with Article 10-A of the Constitution for setting aside the order of Special Court dated 17.12.2019. He submitted that since the Special Court proceeded in his absence and had also convicted him in his absence, therefore he qualifies to be heard at appeal in his absence.
The Special Court presided over by Chief Justice of the Peshawar High Court (PHC) Waqar Ahmed Seth, Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC) on December 17, 2019 with 2-1 handed down death sentence to Pervez Musharraf.
Former President Musharraf was accused of suspending and abrogating constitution on 3rd November, 2007, and promulgated emergency and Provisional Constitution Order (PCO) in the country. Musharraf filed the appeal in the apex court even though a three-judge bench of the Lahore High Court (LHC) has already declared "unconstitutional" the filing of high treason case against him, formation of the Special Court as well as its proceedings, leading to the abolition of the death penalty handed down to him on December 17. The appeal stated that Musharraf's health declined significantly requiring specialized treatment abroad and he was given permission and approval of the court to leave the country on medical grounds. Salman Safdar, while filing the appeal, stated that the requirement of surrendering Musharraf is not applicable owing to his health condition.
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