Published On: Fri, Dec 27th, 2013
Published in Category: Islamabad

Dismissing Mush’s Petition: Trial under article 6 could not be held under Army Act, says IHC

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ISLAMABAD: The Islamabad High Court on Thursday issued its detailed verdict on former president Pervez Musharraf’s pleas against the special court constituted to try him for treason.

In the 11-page long verdict, written by Justice Riaz Ahmed Khan, the IHC declared that trial under article 6 could not be held under Army Act.

The court declared that all objections, raised by Pervez Musharraf against the formation of special court, appointment of judges and prosecutor had no legal value.

The former dictator had raised objections over the authority of the special court, appointment of judges and prosecutor.

The court reiterated that the treason case against Musharraf will only be heard in the special court and trial in military court is not possible until certain legal amendments are made.

The special court comprises 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, when challenging the authority of the special court, stated that he was the army chief when he introduced the 2007 emergency and a military court alone could examine his actions.

The ex-military strongman 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 the 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.
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