Special Court formed for Musharraf treason trial ‘unconstitutional’, rules LHC
WEB DESK
Former military dictator Musharraf handed death sentence in high treason case
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LAHORE
In a major relief for Pakistan’s former military dictator, the Lahore High Court (LHC) on Monday termed as ‘unconstitutional’ the formation of a special court that had tried former president and retired general Pervez Musharraf for high treason.
It also ruled that the amended Article 6 of the Constitution, under which Musharraf had been found guilty, could not be applied in the case ‘ex post facto’ (retrospectively).
Article 6 of the Constitution was modified through the 18th Amendment in 2010, while the case against Musharraf concerned events that happened before that.
Musharraf was sentenced to death by a special court in Islamabad on December 17, 2019, six years after the trial started. The case was filed by the PML-N government against Musharraf for suspending the Constitution on November 3, 2007, when he imposed emergency in the country.
According to both the federal government and Musharraf’s lawyer, after the high court’s ruling, the verdict issued by the special court stands void.
A three-member full Bench of the Lahore High Court comprising Justices Syed Mazahar Ali Akbar Naqvi, Mohammad Ameer Bhatti and Chaudhry Masood Jahangir unanimously declared the formation of the special court against Musharraf as “unconstitutional” on Monday.
The court also ruled that the treason case against Musharraf was not prepared in accordance with the law.
Last week, a legal expert had told the court that the constitution of a special court to try former president Pervez Musharraf was not done according to the law. “The complaint filed against the former president was not filed through the right authority,” Barrister Ali Zafar had testified.