The Lahore High Court on Monday has declared the formation of a special court that heard treason case against former president General (retd) Pervez Musharraf as ‘unconstitutional’.
The LHC had earlier reserved its verdict in the petition filed by the former military ruler challenging the formation of a special court in a high treason case that had handed him the death penalty earlier in December.
A three-member full bench of the LHC delivered the unanimous verdict. The full bench comprised of Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir.
The high court ruled that the amended Article 6 of the Constitution, under which Musharraf had been found guilty, could not be applied in the case ‘ex post facto’.
Article 6 of the Constitution was modified through the 18th Amendment in 2010, while the case against Musharraf concerned events that took place before 2010.
According to both the federal government and Musharraf’s lawyer, after the high court’s ruling, the verdict issued by the special court stands voids.
Additional Attorney-General Ishtiaq Ahmad Khan told the court that the constitution of a special court to try Musharraf under Article 6 of the Constitution was not part of the agenda of federal cabinet meetings of the government of former premier Nawaz Sharif.
“The special court was constituted without the formal approval of the cabinet,” Khan said in court. Khan also maintained the charges filed against the former president were flimsy, since under the emergency powers of the executive, fundamental rights could be suspended.