Musharraf's objections to special court have no legal status: IHC
27 December, 2013
ISLAMABAD: The Islamabad High Court (IHC) on Thursday issued its detailed verdict on former president Pervez Musharraf's plea against the special court constituted to try him for treason.
In the 11-page verdict, written by Justice Riaz Ahmed Khan, the IHC declared that trial under Article 6 could not be held under the Army Act. The court said that all objections by Pervez Musharraf against the formation of special court, appointment of judges and prosecutor had no legal value. The former president had raised objections over authority of the special court, appointment of judges and prosecutor.
The court reiterated that the treason case against Musharraf would only be heard in the special court and trial in military court was not possible until certain legal amendments were made.
The special court consists of Sindh High Court's Justice Faisal Arab, Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali of the Lahore High Court. Musharraf, while challenging the authority of the special court, had stated that he was army chief when he imposed the 2007 emergency and a military court alone could examine his actions.
Musharraf was due to appear before the special court on December 24 to face treason charges under Article 6 for suspending, subverting and abrogating the constitution, imposing an emergency in the country in November 2007 and detaining judges of superior courts. But on the day of the hearing, Musharraf's counsel told the bench he could not personally appear before the judges because of security threats.