LAHORE: A bench of the Lahore High Court (LHC) on Thursday resumed hearing of a petition of former president Pervez Musharraf against the formation of the special court that heard and convicted him in a high treason case.
A three-member bench of the high court headed by Justice Mazahir Ali Akbar Naqvi also has Justice Ameer Bhatti and Justice Chaudhry Masood Jahangir as the other two judges.
The federal government and others have been made a party in the petition. The court while hearing the case told Musharraf’s counsel, “You have not even challenged the law under which legal proceedings were held.”
“It is an extremely serious matter you should come to court with full preparation,” the court said.
“The special court has already announced the verdict, tell the court how a decision of the high court will affect that judgment,” the bench asked.
“You should also tell how the petition is maintainable for hearing,” the bench questioned. “First you prove your case, the court decision will come after it,” the court said.
The petition said that the constitution of a special court for hearing the case against Pervez Musharraf was unconstitutional. “An approval not sought from the federal cabinet for initiating the case against Musharraf,” according to the petition.
Nawaz Sharif constituted the special court on his discretion and relevant laws were not followed in the appointment of the prosecutor and other matters related to the special court, the petition argued.
The petition seeks the high court to declare the constitution and proceedings of the special court as unlawful.