LHC returns Musharraf application against his conviction.

Byline: Wajih Ahmad Sheikh

LAHORE -- The registrar office of the Lahore High Court (LHC) on Friday returned a civil miscellaneous application by former president retired Gen Pervez Musharraf against his conviction in the high treason case by a special court, citing unavailability of the full bench during winter vacations.

A legal panel comprising Khawaja Ahmad Tariq Rahim and Azhar Siddique had filed the application under Section 151 of the Civil Procedure Code (CPC) in a pending main writ petition of Mr Musharraf under Article 199 of the Constitution challenging all actions starting from complaint of high treason to establishment of the special trial court and its proceedings.

A three-judge full bench recently constituted by LHC Chief Justice Sardar Muhammad Shamim Khan is scheduled to take up the main petition on Jan 9.

The bench comprises Justice Syed Mazahar Ali Akbar Naqvi, Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangir.

Justice Naqvi, hearing the petition of Mr Musharraf as a single bench, had referred it to a larger bench pointing out important legal questions in the matter.

Registrar's office says full bench is not available during winter vacations

The special court had announced its verdict on Dec 17 and handed down death penalty to Mr Musharraf with a 2-1 majority.

In the civil miscellaneous application, Mr Musharraf asked the high court to set aside the special court's verdict for being illegal, without jurisdiction, unconstitutional and in violation of Articles 10-A, 4, 5, 10 and 10-A of the Constitution.

Advocate Siddique told Dawn that the registrar's office returned the application as the full bench was not available during the winter vacations. He said the application would be filed in the first week of January.

A roster of judges issued by the LHC for the winter vacations from Dec 25 to Jan 8 said during the vacations only the cases of an urgent nature, including pre-arrest/post-arrest bail petitions, habeas corpus petitions and petitions under Section 22A/22B of CrPC will be entertained and heard.

The 85-page civil miscellaneous application stated that Mr Musharraf was not given a chance to present his arguments.

It said: 'The hastily announced judgment is emanating from a prosecution...

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