The Islamabad High Court (IHC) on Monday issued detailed verdict of it order staying the treason trial by a special court against former president General Pervez Musharraf (retd). The detailed verdict was issued by Justice Athar Minallah.
The court ruled: "It is important to decide the petitions at the earliest. All the parties, including the federal government, agreed that the proceedings before the special court may be stayed till the final adjudication of the present petitions."
The court further said: "pursuant to the consent of all the parties to the proceedings before the special court, the federal government is hereby restrained to proceed against the petitioners".
"In the circumstances, it would be futile to proceed against Pervaiz Musharraf alone, therefore to meet the ends of justice, the special court may suspend its proceedings till the final adjudication of the present petitions".
The court order maintained "on the basis of the arguments of Khawaja Haris Ahmed counsel for Zahid Hamid, it, prima facie, appears that this court has the jurisdiction to proceed in the matter in exercise of powers vested under article 199 of the constitution. This opinion is subject to hearing the arguments of other learned counsel."
"Advocate Iftikhar Gillani counsel for Abdul Hameed Dogar and Khawaja Haris, besides addressing the question of maintainability, have also argued on merits. They have, inter alia, raised question of the jurisdiction of the special court regarding the inclusion of the petitioners as co-accused. They contended that the impugned order is in violation of article 10-A of the constitution. Moreover, the grievances of the petitioners relates to right to a fair trial," the court said.
It is pertinent to mention that the special court in its verdict directed the government to include the names of three senior ex-functionaries, including former Prime Minister Shaukat Aziz, ex-federal minister Zahid Hamid and former chief justice Abdul Hameed Dogar as co-accused in the treason case against the Pervez Musharraf. Upon this Shaukat Aziz, Zahid Hamid and Abdul Hameed Dogar challenged the special court verdict in the IHC.