Says the high court didn't have the jurisdiction
A petition was filed in the Supreme Court of Pakistan on Monday that challenged the Lahore High Court verdict declaring trial in the Musharraf treason case illegal.
The special court had sentenced former military dictator Pervez Musharraf to death on December 17, 2019. The court announced the verdict under Article 6 of the constitution.
The former president was indicted in the case in March 2014 for suspending the Constitution of Pakistan in 2007. In 2016, he left to seek medical treatment in Dubai and hasn’t returned since.
On Jan 13, the Lahore High Court declared the trial in the Musharraf treason case illegal. It ruled that the special court was not formed according to the law.
Advocate Hamid Khan filed the petition in the apex court on behalf of the petitioner, Taufeeq Asif.
The high court did not have the jurisdiction to hear a petition against constitution of the special court, the petition said. It didn’t correctly explain Article 6 of the 18th Amendment.
The petitioner noted that the former military dictator had been absconding since 2016 which was why a trial in absentia had been ordered.
The high court cannot object to Supreme Court’s decision for the trial in absentia, the petition said further. The verdict by the high court appears to be disrespecting the chief justice’s advice.
The petitioner moved the court to declare the high court verdict null and void.