AGL 7.07 Increased By ▲ 0.04 (0.57%)
ANL 10.62 Decreased By ▼ -0.13 (-1.21%)
AVN 77.20 Decreased By ▼ -0.10 (-0.13%)
BOP 5.58 Increased By ▲ 0.09 (1.64%)
CNERGY 5.32 Increased By ▲ 0.06 (1.14%)
EFERT 90.00 Increased By ▲ 1.50 (1.69%)
EPCL 74.97 Increased By ▲ 0.07 (0.09%)
FCCL 13.90 Increased By ▲ 0.25 (1.83%)
FFL 6.67 Increased By ▲ 0.05 (0.76%)
FLYNG 7.08 Decreased By ▼ -0.11 (-1.53%)
GGGL 10.85 Decreased By ▼ -0.05 (-0.46%)
GGL 16.60 Increased By ▲ 0.08 (0.48%)
GTECH 8.65 Decreased By ▼ -0.04 (-0.46%)
HUMNL 6.98 Increased By ▲ 0.04 (0.58%)
KEL 2.88 Increased By ▲ 0.02 (0.7%)
LOTCHEM 25.05 Decreased By ▼ -0.20 (-0.79%)
MLCF 25.94 Increased By ▲ 0.15 (0.58%)
OGDC 80.50 Increased By ▲ 3.10 (4.01%)
PAEL 15.60 Decreased By ▼ -0.02 (-0.13%)
PIBTL 5.97 Decreased By ▼ -0.01 (-0.17%)
PRL 17.15 Decreased By ▼ -0.04 (-0.23%)
SILK 1.26 No Change ▼ 0.00 (0%)
TELE 10.92 Increased By ▲ 0.17 (1.58%)
TPL 9.25 Increased By ▲ 0.15 (1.65%)
TPLP 19.69 Decreased By ▼ -0.16 (-0.81%)
TREET 28.72 Decreased By ▼ -0.06 (-0.21%)
TRG 78.30 Increased By ▲ 1.29 (1.68%)
UNITY 19.94 No Change ▼ 0.00 (0%)
WAVES 12.65 No Change ▼ 0.00 (0%)
WTL 1.39 Increased By ▲ 0.01 (0.72%)
BR100 4,099 Increased By 27.2 (0.67%)
BR30 15,088 Increased By 197.6 (1.33%)
KSE100 41,344 Increased By 184.2 (0.45%)
KSE30 15,728 Increased By 67.3 (0.43%)
Pakistan

High treason case: LHC issues detailed verdict setting aside Musharraf’s conviction

Court states trial in absentia is violation of Article 10-A which guarantees the right to fair trial. The verd
27 Jan, 2020
  • Court states trial in absentia is violation of Article 10-A which guarantees the right to fair trial.
  • The verdict mentioned amended Article-6 under which Musharraf was found guilty of suspending the Constitution, could not be applied in the said case.
  • The court mentioned Section 9 of the Criminal Law Amendment (Special Court) Act, 1976, which allows the special court to conduct trial in absentia.

(Karachi) The Lahore High Court (LHC) issued a detailed verdict in Musharraf’s High Treason case setting aside the conviction order of the special court, media reported on Monday. The judgment was based on 36 pages.

The judgment was issued by LHC bench comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangir. The bench set aside all measures starting from filing of complaint,  formation of a special court, trial in absentia, appointment of prosecution team and conclusion of the trial.

The LHC ruled that the steps were taken in violation of the Constitution, law and principles of criminal justice system laid down by the superior courts.

Read the judgment here

The LHC ruling stated that constitutional parameters were not fulfilled in deciding the high treason case. It added that trial in absentia is violation of Article 10-A which guarantees the right to fair trial to the accused.

The detailed verdict stated that the case against the former president was neither prepared nor filed in accordance with the law. It stated that cabinet approval to initiate the charges and filing of case, which is mandatory, was not sought.

The verdict mentioned that amended Article-6 of the Constitution under which Musharraf was found guilty of suspending the Constitution, could not be applied in the said case.

The court maintained that Section 9 of the Criminal Law Amendment (Special Court) Act, 1976, which allows the special court to conduct trial in absentia, being ultra vires of the Constitution.

Pervez Musharraf had filed petitions challenging the special court's verdict and other relative steps including filling of the complaint and the selection of prosecution team by the then government headed by Mian Muhammad Nawaz Sharif.

Earlier, the counsel for Musharraf said the formation of special court was illegal. He said that Nawaz Sharif, who was Prime Minister at that time, had lodged a ‘fake' case against Musharraf due to personal grudges.

Justice Naqvi inquired about the section under which, the trial court had indicted the accused in the case. The law officer replied that indictment was carried out on the charge of violating Constitution by imposing emergency in the country.

The Special court on December 17 had sentenced Pervez Muharraf to death in high treason case. Justice Nazar Akbar had opposed the verdict of sentencing him to death and cleared him of the accusations while Justice Waqar Seth and Justice Shahid Karim handed him the death penalty.

The court had observed that the facts of this case were well documented and clearly demonstrate the guilt on the part of the accused.

Comments

Comments are closed.