Lahore High Court declares formation of special court as unconstitutional

Lahore high court has declared the formation of special court unconstitutional.

It says that the formation of special court hearing Pervez Musharraf’s case is unconstitutional.

The Lahore High Court had reserved verdict on a set of petitions filed by former military ruler General Retired Pervez Musharraf challenging multiple actions against him.

The petitions in Lahore High Court includes conviction for high treason, establishment of trial court that convicted him, filing original high treason inquiry against him by government.

A three-member bench headed by Justice Mazhar Ali Akbar Naqvi hearing the petition.

Musharraf Death Sentence

Earlier on December 17 2019, special court in Islamabad sentenced former top military official Pervez Musharraf to death in high treason case.

Justice Nazar Akbar opposed the verdict of sentencing Pervez Musharraf to death and cleared him of the accusations while Justice Waqar Seth and Justice Shahid Karim handed him the death penalty.

Paragraph 66 of the verdict

“We are of the considered view that the accused in this High Treason case has been afforded more than his due share of fair trial.”

“The protected trial of a constitutional and not any ordinary offence that began six years ago in 2013, has yet to see its end in 2019.”

“The accused, given every opportunity to defend himself, has by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country.”

“The facts of this case well documented.”

“The documents clearly demonstrate the guilt on the part of the accused.”

Moreover “It proves beyond a shadow of reasonable doubt all the charges of High Treason leveled against accused by the State.”

“It is patent by the act and conduct of the accused facing trial, that he has persistently and stubbornly strived ever since the commencement of this trial, to delay, retract and in fact evade it.”

“It has been his plea throughout that either on account of ill health or for security hazards he could not reach up to this Court to face trial.”

“As a necessary corollary to what has been observed we find the accused guilty as per charge. ”

“The convict be therefore hanged by his neck till he dies on each count as per charge.”

“We direct the Law Enforcement Agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days.”