ISLAMABAD: Challenging the Special Court’s proceedings for the offence of high treason under Article 6 of the constitution, former president Gen (r) Perevz Musharraf has requested the Islamabad High Court (IHC) to direct the federal government to initiate his trial in military court, saying that he remained the subject of the Army Act 1952 even after his retirement.
Musharraf, through his counsel Dr Khalid Ranjha, filed a petition in the IHC on Saturday under Article 199 of the constitution, making the Special Court and secretaries of interior and defence respondents in the case.
The petitioner argued that the alleged acts were committed by him when he was holding the office in Pakistan Army and “by virtue of Section 92 of the Pakistan Army Act, 1952 he remains the subject of the Army Act even after the retirement”.
Musharraf also contended that it would not be out of place to mention that the imposition of emergency was not the decision in isolation by him.
He said in the petition that the November 3, 2007 emergency was “outcome of the discussions and decisions taken during the petitioner’s meetings with the then prime minister, governors of all four provinces, Chairman of Joint Chiefs of Staff Committee, chiefs of the armed forces (naval and air), vice chief of army staff and corps commanders of the Pakistan Army. Hence arraigning of the petitioner alone is unjustifiable and reflects malafide and malicious intent of the prime minister”.
The former army chief requested the high court that the proceedings launched by the Special Court for his trial should be declared “illegal and unconstitutional” because they lack jurisdiction to conduct his trial.
“If the trial is allowed to be proceeded as it is with the respondent No 1 (Special Court), it would cause gross prejudice to the petitioner and would be violative of the petitioner’s mandatory constitutional right as enshrined under Article 10-A of the constitution of Pakistan 1973,” he said.
The former army chief also said that it was essentially a matter falling within the jurisdiction of military court and the enabling laws stipulated in the Pakistan Army Act, 1952.
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