Daily Times

The Lahore High Court’s (LHC) decision declaring unconstitutional the formation a special court that tried Gen Pervez Musharraf in a high treason case is not likely to settle the murky world of politics and civil-military relations. The special court had also drawn flak for sentencing the former military ruler to death on December 17. The lawyers of Gen Musharraf challenged the sentence besides the formation of the court and the trial on a complaint on high treason charges. The LHC full bench also took exception to the incorporation of Section 9 of “Criminal Law Amendment (Special Court) Act, 1976” and declared it violative of fundamental rights. The section abolishes restriction on adjournments and allows the special court to proceed with trial even in the absence of any accused and appoints a lawyer to defend the accused. The other important point the court ruled against is the retrospective effect given to an amendment in Article 6 of the Constitution, which deals with high treason, to try retired Gen Musharraf for an offense that was not an offense on the date of its occurrence.

The LHC proceedings also saw a one-sided match as the federal government never defended the court formation, saying the formation of the special court was never taken up by the federal cabinet ‘as an agenda item’. However, the cabinet took up the matter regarding the appointment of judges of the special court following retirement or elevation of its members. The detailed judgment will shed light on words ‘suspension’ and ‘holds in abeyance’ – the two words inserted in Article 6 of the Constitution through the 18th Amendment in 2010. The court has also taken up the proclamation of emergency, which is defined in Article 232 of the Constitution. Gen Musharraf’s counsels also challenged the infamous ‘Para 66’ of the special court’s verdict which exceeded religious, moral, civil and constitutional limits, while handing down the sentence. The LHC verdict has not gone well with the anti-Musharraf camp – the Pakistan People’s Party and the Pakistan Muslim League-Nawaz – as their leaders showed reservations on the judgement. Their concerns may be legitimate but they need to wait for the detailed judegment. *