KARACHI (92 News) – The death sentence of former president General (rtd) Pervez Musharraf in high treason case has been challenged in the Supreme Court (SC) Karachi Registry.
Mehmood Akhtar Naqvi filed a petition in the Supreme Court Karachi Registry. In the petition, the petitioner adopted a stance that high treason act does not apply for Musharraf because Article 6 has been changed in the 18th Constitutional Amendment.
The petition also stated that Musharraf imposed an emergency in 2007 and the 18th amendment included in the constitution during 2010. The former military ruler did not violate any constitution and law during his tenure.
The petition stated that Musharraf had given his rule to constitutional and legal authority through referendum. He further said that the Article 6 does not apply for a person who does not have a constitutional breach.
Meanwhile, the petition has been received by the Registrar's Office, which will be scheduled for a regular hearing after the scrutiny.
A day after a special court awarded Musharraf death sentence – in a video message on Wednesday night – the former president said the supremacy of the law was not taken into consideration in the case.
Musharraf has also termed the decision ‘questionable, saying it was based on ‘personal vendetta’. He also said that the persons who misused their authority targeted a person.
The former military ruler said that the decision did not meet the legal requirements. “Asked to record a video statement but he was not heard that time and the lawyers were not given a chance to argue,” he added.
Musharraf thanked the Pakistani Army and nation for remembering his services, adding that this trust is a medal for him. He further said that he would announce the next course of action after consulting with his law team.
Earlier, the special court handed down death penalty to former president Pervez Musharraf
in the high treason case on Tuesday.
A three-member bench of the special court headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising of Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the LHC announced the short verdict. However, one of the judge dissented from the sentence.
According to the verdict, Pervez Musharraf had violated the constitution on November 3, 2007. It has been stated in the verdict that the violation of the constitution is proved against Pervez Musharraf and he is awarded death penalty under Article 6.
The high treason case against the former president for clamping the state of emergency on Nov 3, 2007, has been pending since December 2013.
He was booked in the treason case in December 2013. Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016.