A division bench of the SHC headed by Justice Ghulam Sarwar Korai was seized with the hearing of the petition filed by advocate Sohail Hameed, who had questioned the constitution of the special court. The bench after issuing notice to Attorney General for Pakistan adjourned further hearing to a date later be fixed by the court office.
The petitioner's counsel submitted that special bench had been constituted for the trail of General Musharraf (retd) in high treason case under section 4 of criminal law amendment (Special court) Act 1976. He argued that the special court has been established through amendment to the criminal law amendment (Special court) Act 1976. He argued that special court could not be formed by making an amendment to law and pleaded the court to declare that special court could only be formed under law not by an amendment to the law.