Pakistan News Service

Thursday Feb 27, 2020, Rajab 3, 1441 Hijri
Pakistan News Home -> Top -> News Details

Pervez Musharraf moved SC against verdict of special court

17 January, 2020

  Related News  
Imran Khan distributed loan cheques under Kamyab Jawan Programme
PTI govt to face all challenges coming its way: Imran khan
  More on this View All

ISLAMABAD: Former military ruler Pervez Musharraf on Thursday moved Supreme Court (SC) against the verdict of the special court which sentenced him to death in a high treason case.

Barrister Salman Safdar, the counsel for the former army chief, submitted the petition challenging the special court verdict in the apex court. In the petition, the former president urged the Supreme Court to declare the special court’s ruling null and void.

In the 90-page petition filed before the top court, Musharraf claimed that he was not given a fair trial by the special court. The petition argued that the SC should suspend the ruling of the special court until the top court reviews the case.

In the appeal, Musharraf pleaded that the special court ruling in the high treason case is not consistent with the principles of Islam. The appeal claims that the ruling in the case is against the basic tenets of an Islamic state. It further noted that Musharraf was not allowed his right to appoint a lawyer in the case, and the verdict was announced without his presence in the courtroom.

The complaint registered against the former president which resulted in the trial has also been challenged in the apex court, with counsel for Musharraf claiming that the permission of the federal government had not been sought before the case was brought to trial.

In his appeal, Musharraf said that based on the grounds of the application, since the trial has been conducted and completed ‘in sheer violation’ of the Constitution and the Code of Criminal Procedure 1898, the special court’s judgement should be set aside. “Any other remedy that the honourable court deems fit and proper may also be granted,” the appeal added. As per the preliminary submissions, “In a nutshell, it is the case of the appellant (Musharraf) that he was being tried for an alleged constitutional crime in an entirely unconstitutional manner.”

According to Musharraf’s appeal, the prosecution’s case had suffered from an ‘admitted, noticeable and unexplained delay’ of over five years from the date of the alleged offence and the intiation of proceedings. “That the malice of the federal government is apparent from the ‘selective’, ‘discriminatory’ and ‘biased’ nature of the investigation and prosecution,” the appeal stated.

The grounds for the application challenging the special court’s verdict included: a delay (noticeable and unexplained in initiating high treason case), no offence of high treason made out, prosecutorial misconduct and discriminatory/selective prosecution, complaint filed without federal government/cabinet approval, coram non-judice – the special court was not constituted in the appropriate manner, special court had concluded the proceedings without examining the accused, the mode, manner and language of the judgement, status as absconder and trial in absentia, right to counsel and judicial bias.

 What do you think about the story ? Leave your comments!

Heading (Optional)
Your Comments: *

Your Name:*
E-mail (Optional):
City (Optional):
Country (Optional):
Field marked(*) are mandatory.
Note. The PakTribune will publish as many comments as possible but cannot guarantee publication of all. PakTribune keeps its rights reserved to edit the comments for reasons of clarity, brevity and morality. The external links like http:// https:// etc... are not allowed for the time being to be posted inside comments to discourage spammers.

  Speak Out View All
Military Courts
Imran - Qadri long march
Candid Corner
Exclusive by
Lt. Col. Riaz Jafri (Retd)
Pakistan itself a victim of state-sponsored terrorism: Qamar Bajwa
Should You Try Napping During the Workday?
Suggested Sites