Musharraf moves SC against special court verdict.

Byline: SHAHID RAO

ISLAMABAD -- Former president general (retired) Pervez Musharraf on Thursday moved the Supreme Court of Pakistan challenging the special court's verdict in high treason case against him.

Musharraf filed the petition days after the Lahore High Court had quashed the verdict given by the special court in the high treason case and declared the formation of the bench as 'unconstitutional'.

The former president adopted in his petition filed through his counsel Salman Safdar Advocate that he was being tried for an alleged constitutional crime in an entirely unconstitutional manner while he has been denied the right to a fair trial, squarely against Article 10-A of the Constitution and even his counsel was not allowed to assist the Learned Special Court in a case carrying capital punishment.

He stated that the federal government failed to follow the mandatory procedure for filing a complaint for the offence of high treason and the prosecution was laced with malice, misconduct and employed illegal and unfair use of discretion while the special court was improperly constituted and was coram non judice. The prosecution failed to adequately define and prove, through evidence, the charge of High Treason.

The appellant maintained that no trial can be deemed to have been conducted against him as he was neither examined under Section 342 of CrPC nor was he afforded an opportunity to lead defence evidence. He added that the judgment penned by the special court fails to fulfil the requirements of Section 367 of CrPC. The Special Court violated Article 10(1) and 10-A of the Constitution and Section 340(1) of CrPC by removing his counsel and then appointing an inexperienced counsel at state expense.

He argued that the failure of the special court to submit itself to the constitutional jurisdiction of the Islamabad High Court and opted to ignore its Order dated 30.11.2019. The prosecution was selective as all the aiders and abettors were not sent for trial initially. However, belatedly when the aiders and abettors were sent up for trial through an...