Musharraf case: Special court formed 'unconstitutional, illegal'


The Lahore High Court has termed the formation of a special court in the case of former President General (retd) Pervez Musharraf as unconstitutional and illegal.

A three-member bench of the Lahore High Court comprising Justice Syed Mazhar Ali Akbar Naqvi, Justice Muhammad Amir Bhatti and Justice Chaudhry Masood heard the various petitions seeking suspension of Pervez Musharraf.

The verdict was heard by Justice Mazhar Ali Akbar Naqvi, in which he accepted the request of Pervez Musharraf and said that the advertisement could not happen without the approval of the federal government.

According to the decision, the amendment under Article VI cannot be applied in the past, only the action of the Prime Minister is a violation of the Constitution.

During the hearing, the court declared the Criminal Law Special Court Amendment Act 1976 section 4 void.

Additional Attorney General Ishtiaq A. Khan said during the hearing that the cabinet did not make a decision regarding the formation of a special court, there is no record of the fact.

The court questioned how it came to be that the court was formed five years later.

The Additional Attorney General told the court that the special court judges were retiring or developing, the issue of filling vacancies came to the cabinet.

He said cabinet approval for the appointment of judges was approved in 2018.

According to the Additional Attorney General, the appointments of judges were made in consultation with the Chief Justice of the Supreme Court.

The court said that Justice Nazar Akbar was nominated by Chief Justice Pakistan in the summary.

Additional Attorney General said that there is no such summary regarding the appointment of Justice Shahid Karim.

The court said that under the constitution or the law, the nomination of judges to the Chief Justice has no authority, there is no such law and there was no such tradition before.

According to the Additional Attorney General, the Supreme Court ruled that tribunals or special courts will be formed in consultation with Chief Justice Pakistan.

The court said that the special court judges did not act as the judges of the high court, they were acting as trial judges, to tell how many tribunals and special courts of Punjab were formed in consultation with Chief Justice Pakistan.

The court asked the Additional Attorney General how many officers appeared in the FIA ​​inquiry.

In reply to this, Ishtiaq A. Khan replied that 45 persons including Justice retired Malik Qayyum, Justice retired Mian Ajmal, Mohsin Hafeez, Syed Kamal Shah, Sardar Hamid Khan appeared.

How many people appeared in the trial? To this, the Additional Attorney General replied that only Kamal Haider appeared in the trial.

The court said that not one of the persons present in the FIA ​​inquiry had appeared in the trial, what is the legal status of the inquiry in this situation.

The Additional Attorney General said that this court had made it clear that no special court proceedings would be mentioned.

The court held that witnesses must be evaluated in order to maintain justice.

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