The Islamabad High Court (IHC) has summoned the attorney general (AG) for assistance in connection with petition filed against November 21 decision of the Special Court (SC) hearing treason case against former president Pervez Musharraf.
A single bench of IHC comprising Justice Athar Minallah took up for hearing petition filed against SC’s November, 21 decision on Thursday.
Justice Minallah remarked, “SC enjoys equal powers with high court, therefore, petition against its decision can be filed in Supreme Court. However we will decide either this petition is maintainable or otherwise.”
The petitioner senior lawyer Taufiq Atif appeared in the court and told SC rendered decision in respect of treason case on November 21 whereby orders were issued for including former prime minister Shaukat Aziz, former law minister Zahid Hamid and former chief justice of Pakistan (CJP) Abdul Hamid Dogar as abettors with former president Pervez Musharraf in treason case. He told the court that this decision of SC has been challenged in high court and registrar office of IHC has raised objections over it.
Justice Minallah remarked, “Court will first of all decide if your petition is maintainable or not. The powers of SC are equal to powers of high court constitutionally. The decision of SC can be challenged in Supreme Court only.”
Taufiq Asif told the court interim order can be challenged because IHC can hear the case by exercising its constitutional powers.
Justice Minallah ordered the decision of SC can be challenged on the forum of Supreme Court only. The objections raised by registrar office still stand. The court will decide first of all about the matter of maintainability of the petition.
The court while upholding the objections raised over the petition filed against SC decision issued notice to AG to appear in person before it for its assistance. The hearing of the case was adjourned for one week.