IHC’s decision on suspension of hearing of high treason case by Special Court challenged in SC
Islamabad High Court (IHC)’s decision, made on December 23, 2014, ordering a halt to Special Court’s hearing of high treason case against former president Pervez Musharraf has been challenged in Supreme Court (SC).
Tausif Asif, through counsel Hamid Khan, has taken plea that the federal government lodged a complaint against Musharraf on December 11, 2013 and Special Court was constituted. Statements of nine witnesses were recorded and important documents were filed in large number.
He said prosecution evidence was closed on September 18, 2014. In the meantime, Musharraf filed a petition in IHC under articles 9, 10-A, 25 of the Constitution and Section 351 of criminal procedure. The trial was to be started but IHC prevented Special Court from hearing the case.
He further said that IHC ordered for including former prime minister Shaukat Aziz, former law minister Zahid Hamid and former chief justice of Pakistan (CJP) Abdul Hamid Dogar in the investigation.
The petitioner further pleaded that high court is not authorised to interfere in the hearing of the case since Special Court was constituted particularly for Musharraf’s trial. The special hearing like this cannot be suspended. No request was made for suspending the proceedings of Special Court in the petition filed by Musharraf. If the petition is admitted for hearing then the petitioner will give more arguments, he added.
The petitioner prayed the court to set aside IHC December 23, 2014 decision and order Special Court to initiate proceedings against Musharraf under Article 6 of the Constitution.