KARACHI – The Sindh High Court (SHC) on Tuesday disposed of a petition regarding a treason case against former president Gen (retd) Pervez Musharraf and directed the Interior Ministry and the Federal Investigation Agency (FIA) to act on the matter according to laws. The SHC division bench comprising Justice Gulzar Ahmed and Justice Imam Bux Baloch announced the verdict on a constitutional petition filed by Syed Ataullah Shah Bukhari, pleading to launch a treason case against Musharraf for imposing emergency on November 3, 2007.
The petitioner had sought a directive to initiate ‘high treason’ against former dictator for alleged involvement in abrogation and subversion of the constitution, either by proclaiming or assisting in proclaiming the Provisional Constitution Order of 2007. Bukhari submitted that all acts by Musharraf on Nov 3, 2007 were illegal and thereafter all amendments were also illegal, hence, Musharraf and all those who supported him should be liable for treason and should be punished accordingly.
Relying on Article 6 of the 1973 Constitution, the petitioner said the democratic government which formed after martial law or dictatorship never tried to abrogate their unconstitutional acts that were given legal protection by parliament (as transition towards democratic government).
The petition cited the former president/chief of army staff, federal government, law secretary, interior minister and the Sindh home secretary as respondents.
Appearing before the court, Deputy Attorney General (DAG) Mian Muhammad Khan submitted that legal proceedings would be initiated against the former president if the charges against him are proved. The DAG contended that the petitioner had to approach the Islamabad police initially to launch a complaint against the respondent and in case his request is refused, he could move the SHC later. After hearing arguments from both sides, the bench disposed of the petition.
