ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed the petitions filed by former military ruler General (retd) Pervez Musharraf challenging the appointment of judges, formation of the special Court, and the appointment of Akram Sheikh as prosecutor to try him for high treason, Dispatch News Desk reported.
In the first petition, Musharraf had challenged the formation of the special court to hear the treason case, stating that he had taken the actions on November 3, 2007 as Army Chief and his trial should be under the army act.
The second and third petitions, which were filed by Barrister Anwar Mansoor, the appointment of the judges for the special court and the appointment of Akram Sheikh as prosecutor in the treason case were challenged.
In these two petitions, Barrister Anwar Mansoor had taken the stance that the appointments were not legitimate.
Musharraf is due to appear before the special court on December 24 to face treason charges.
The Supreme Court of Pakistan had constituted the three-member special court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali last month in response to a federal government’s request, aiming to try Musharraf under article 6 of the constitution for imposing an emergency in the country on November 3, 2007.
The federal government had leveled five charges against former military ruler, according to the complaint.
The first charge was related to issuance of “an unconstitutional and unlawful ‘Proclamation of Emergency Order 2007’ which, unconstitutionally and unlawfully, held the Constitution of Islamic Republic of Pakistan 1973 in abeyance.”
The second charge was related to amending the constitution. The complaint said the former military ruler “issued an unconstitutional and unlawful Provisional Constitution Order (PCO) which empowered him to amend the constitution.”
According to the third charge, Musharraf “issued an unconstitutional and unlawful “Oath of Office (Judges) Order 2007.” The fourth offence against the former president was that he issued a “Constitution (Amendment) Order 2007 and unconstitutionally and unlawfully amended the constitution, and Article 270AAA was added to the constitution.”
The fifth charge was the issuance of “Constitution (Second Amendment) Order 2007.”
Musharraf treason case
Treason case against Pervez Musharraf