His lawyer has moved the Lahore High Court
Former military dictator General (retired) Pervez Musharraf has filed a petition against his death sentence for suspending the country’s Constitution on November 3, 2017.
His lawyer, Advocate Azhar Siddique, filed on Friday a review plea in the Lahore High Court.
Musharraf was sentenced to death on December 17 by a special court in a treason case under Article 6 of the Constitution. The law states that any person who abrogates or suspends the Constitution “by use of force or show of force” is guilty of high treason. The detailed verdict was released on December 19.
The former president was indicted in the case in March 2014 for suspending the Constitution in 2007. In 2016, he left to seek medical treatment in Dubai and hasn’t returned since.
In his 86-page petition, Musharraf has raised objections against the paragraph 66 of the written order. The federal government has been named as a respondent.
In the detailed judgment, Justice Waqar Ahmed Seth said in paragraph 66 that “we direct the law enforcement agencies to strive their best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for three days.”
A full bench, headed by Justice Sayyed Mazahar Ali Akbar Naqvi, will take up the case on January 9, 2020.
The petition claims that the “judgement contained a mix of anomalies and contradictory statements”, adding that the special court “hurriedly wrapped up the trial”.
It even claims that Musharraf wasn’t given a chance to present his stance in the case. “The importance of examining the accused in a criminal trial is enormous and any lapse, failure or omission to fulfill this requirement adversely affects the prosecution case”, it adds.
The special court did not take “into consideration that no actions detrimental to the national interest were taken by the applicant”.