“Whether Musharraf’s Act Was Abrogation Of Constitution?,” LHC Asks Federal Law Officer For Reply


“Whether Musharraf’s act was abrogation of Constitution?,” LHC asks federal law officer for reply

A LHC division bench took up the petition moved by former President Gen (retd) Musharraf against treason case over charges of imposing emergency in 2007.

LAHORE: (Urdu Point/Pakistan Point News-Dec 10th, 2019) The Lahore High Court on Tuesday directed a Federal law officer to discuss the matter with the interior secretary that whether the act of former military ruler who imposed emergency in 2007 is not equal to abrogating the Constitution.

The court also directed the law officer to come up with complaints that whether the complaint could be withdrawn at this stage and sought the opinion of the interior ministry on how his act violated Article 6 of the Constitution.

“Come up with instructions from the interior ministry on this matter,” observed the bench while taking up the petition of former army ruler Pervez Musharraf who has been living in UAE for last couple of years. The court adjourned further hearing until Dec 17.

Former Army ruler General (retired) Pervez Musharraf requested the court to stay treason case trial being conducted against him until he recuperated and appeared before the court.

He said that owing to his deteriorating health, multiple life-threatening ailments and of his aged mother, he was unable to return to Pakistan ever since, despite having a strong desire to do so.

During Tuesday’s proceedings, the high court questioned whether the act of former military ruler Pervez Musharraf in 2007 fell within the jurisdiction of Article 6 of the Constitution.

According to Article 6, any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

A person found guilty of high treason as defined in Article 6 of the Constitution, shall be punishable with death or life imprisonment.

During the hearing, Justice Naqvi also observed while addressing Additional Attorney General Ishtiaq Ahmad Khan that “wasn’t declaring an emergency and abrogating the Constitution two separate things?,” He also asked the law officer that where Article 6 applies and what did the SC judgment say. On other hand, Musharraf said that said that the petition was filed in the Supreme Court calling upon the federal government to take action instead it was filed on the directives of the former Prime Minister Nawaz Sharif.

Former President Gen (retd) Musharra who is now UAE, said that he was undergoing treatment of medical condition. He sent a recorded video message from his hospital bed in which he said that he was ready to record his statement in the case.

A judicial commission can come here and hear me out,” said Musharraf, adding that “the commission may see my condition and may make decision and then the commission, with my lawyer, must be heard in the court,” he added.

On Nov 29, the Islamabad High Court (IHC) restrained the special court from announcing its verdict in the Musharraf treason case which it was suppose to hand down on the same day. The high court also directed the government to form a new prosecution team in the case.

Fida Hussnain

Fida Hussnain is a lahore based journalist. He writes on politics, religion, social issues and climate change. He is also a research fellow at University of Gujrat.