A petition has been filed before the Lahore High Court seeking directions to allow every citizen to initiate high treason proceedings under article 6 of the constitution.
Pakistan Lawyers Forum (PLF) through AK Dogar advocate stated that according to Section 2(b) of the High Treason (Punishment) Act 1973 that a person who is found guilty of high treason in article 6 of the constitution shall be punished with death or imprisonment for life.
PLF had already filed a writ petition in LHC seeking high treason proceedings against Pervez Musharraf which contended that section 3 of the said act provides procedure for taking such an action. This provision says no court shall take cognisance of an offence punishable under act except on a complaint in writing made by a person authorised by federal government.
The counsel said article 6 does not lay down any condition that federal government can only invoke the provision of this article. This is well-settled that a sub-ordinate law cannot override any provision of the constitution. He therefore, prayed to the court to strike down section 3 of the said act for being ultra vire of constitution and any citizen be empowered to get an FIR registered against Pervez Musharraf for being guilty of high treason.