Court: Pervez ruling unconstitutional
A top court here on Monday quashed Pervez Musharraf’s death sentence and termed as “unconstitutional” the formation of a special tribunal that tried him for high treason.
The Islamabad special court on December 17 handed down the death penalty to 74-year-old Musharraf after six years of hearing the high-profile treason case against him. The case was filed by the Pakistan Muslim League-Nawaz government in 2013.
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”. The court also ruled that the treason case against Musharraf was not prepared in accordance with the law.
After Monday’s ruling, the special court’s verdict stands void, Dawn reported, quoting both the government and Musharraf’s lawyers as saying.
The decision came in response to a petition filed by Musharraf, challenging the formation of the special court.
In his petition, Musharraf had asked the court to set aside the special courts verdict as it was illegal, without jurisdiction and unconstitutional, while also seeking suspension of the verdict till a decision on his petition was made.
Additional attorney-general Ishtiaq Ahmad Khan earlier told the court that the formation of the special court to try Musharraf under Article 6 of the Constitution was not part of the agenda of federal cabinet meetings of the government of then prime minister Nawaz Sharif.
“The special court was constituted without the formal approval of the cabinet,” Khan said in court.
He also maintained that the the charges filed against the former President were flimsy since, under the emergency powers of the executive, fundamental rights could be suspended.