High treason case: IHC order stopping special court to announce verdict challenged in SC
ISLAMABAD (92 News) – The Islamabad High Court (IHC) order stopping the special court to announce the verdict on the high treason case has been challenged in the Supreme Court of Pakistan.
In the petition, it has been stated that the High Court has no power to interfere in the matters of the special court.
The order, the petition says, stopping the special court from announcing the verdict and forming a new prosecution team is illegal.
On December 5, the special court had given 12 days to the new prosecution team to prepare the high treason case against former president Pervez Musharraf.
Justice Seth Waqar remarked that the court will announce the verdict after hearing the arguments on December 17. Justice Nazar Akbar remarked that they are following the Supreme Court and not angry with anyone.
On December 4, the federal government had appointed advocate Ali Zia Bajwa as a new prosecutor in the high treason case against former president General (retd) Pervez Musharraf. According to a notification, Ali Zia Bajwa will represent the prosecution side as an assistant attorney general prosecution before a special court.
Earlier, a larger bench of the Islamabad High Court (IHC) had stopped the special court from announcing the verdict in the high treason case against Musharraf. The court ordered the special court to appoint the prosecutor and announce the verdict after listening to all parties.
The court had reserved the verdict on the pleas of the government and former president Pervez Musharraf to stop the judgment of the special court in the high treason case.
The bench comprising of Chief Justice Athar Minallah, Justice Aamer Farooq and Justice Mohsin Akhtar Kayani heard the pleas. The government had filed an application in the Islamabad High Court, seeking order to stop the verdict in the high treason case against former president Pervez Musharraf.
The plea also demanded suspension of the verdict reserved by the anti-terrorism court. It also requested the IHC to stay the ATC proceedings till provision of an opportunity to Pervez Musharraf to defend his case.
On November 23, former president Pervez Musharraf had filed a petition in Lahore High Court (LHC) challenging the special court’s decision to reserve its verdict in high treason case against him. In his petition, the former president said that the special court had reserved the judgment of the case on November 19 without hearing his stance.
Musharraf has made the federal government, Federal Ministry of Law and Justice, the Federal Investigation Agency (FIA) and the Registrar Special Court parties in his petition. “I am ailing and staying in foreign country for medical treatment,” the petitioner said.
“I could not be able to present my stance in the special court due to my illness,” he further said. The former president pleaded for revision of the case as per the judgments of the Supreme Court and suspension of the special court’s decision about reserving the verdict in the high treason case against him.
The former president also sought the court order for postponement of the hearing of the case till he recovers to health. He also sought the court to issue an order for constitution of an impartial medical board for him. The trial court had reserved verdict of high treason case against former president Pervez Musharraf.