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LHC terms Musharraf conviction as Unconstitutional

Pervez Musharraf

LAHORE: The Lahore High Court has termed the formation of a special court as unconstitutional, which orders the death sentence to former President General Pervez Musharraf.

A three-member bench, headed by Lahore High Court Justice Mazhar Akbar Naqvi, heard the petition against the formation of a special court in a serious treason case against former president Pervez Musharraf.

Highlights of the Lahore High Court decision:

  • LHC rejects the formation of a special court and an amendment of Article 6 in the constitution.
  • The court also rejects section 4 of the Criminal Law Special Court Amendment Act 1976.
  • The amendment under Article 6 cannot be applied in the past.
  • The trial is illegal in the absence of the accused.
  • Constitutional and legal requirements were not met at the time of the formation of the special court.

At the beginning of the hearing on Monday (today), the federal government presented a summary and record of the special court formation.

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During the hearing, the Additional Attorney General said in his arguments that the case against Musharraf was never presented in the cabinet agenda. The special court was formed without the approval of the cabinet.

During the hearing, Justice Ameer Bhatti asked that an emergency could be imposed under Article 232? If such a situation happens that the government imposes an emergency, will there be a treason case against this government?

On this, the Additional Attorney General said that this could be done under the Constitution, on which Justice Mazahar questioned the Federal Attorney that how did the Constitution deviate then?

Related: Musharraf case: LHC full bench to hear petition against special court formation

Justice Mazahar Ali Akbar Naqvi said that if the emergency is imposed then it will be determined whether the emergency is in accordance with the constitution or not.

The court later reserved the verdict of the case, which was announced a few hours later.

It should be remembered that a three-member bench of the special court had sentenced Pervez Musharraf to death on December 17, 2019, in a serious treason case.

2 members of the bench supported the decision while one member opposed Musharraf’s conviction.

The special court in its judgment also ordered that all facilitators who deport Pervez Musharraf from the country must be brought to Law. In the verdict, Justice Waqar Seth wrote in para 66 that if Pervez Musharraf died before his execution, his body should be hung at D Chowk for 3 days.

Two members of the bench supported the decision while one member opposed Musharraf, opposing it.

The special court in its judgment also ordered that all facilitators of Pervez Musharraf be deported to the court of law, and in the verdict, Justice Waqar Seth wrote in para 66 that if Pervez Musharraf died before his execution. The body should be hung at D Chowk for 3 days.

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