Daily Times

The Supreme Court on Friday returned an appeal filed by General (r) Pervez Musharraf against the special court ruling in the high treason case last month, telling the former military ruler that his plea cannot be entertained until he surrenders himself as per law.

Order 23, Rule 8 of the Supreme Court Rules, 1980, empowers the apex court not to accept any petition unless the convict surrenders himself to the authorities.

The counsel representing Musharraf is expected to file an appeal soon against the registrar’s decision to return the petition. The former military ruler’s counsel said it was not unusual, and that an appeal against the order of the registrar office will be filed within 30 days. “I have already prepared my arguments in this regard,” Salman Safdar said.

Musharraf filed an appeal in the apex court despite a three-member bench of the Lahore High Court (LHC) declared unconstitutional the filing of a complaint on high treason charge against the former president, and the formation of the Special Court as well as its proceedings, leading to the abolition of the death penalty handed down to him by the trial court on December 17.

Moved by Barrister Salman Safdar, the petition pleaded that the verdict should be set aside since the trial was conducted and completed in sheer violation of the constitution as well as the Code of Criminal Procedure (CrPC), 1898. The appeal also sought the right of audience before the SC in his physical absence as well as the suspension of the judgment in the interest of justice and fair play.

In a nutshell, the petition had pleaded that the case of the appellant was that he was being tried for a constitutional crime in an entirely unconstitutional manner. It stated that Musharraf was a highly decorated former four-star general of the Pakistan Army and had a remarkably distinguished career as a servant of this country.

The petition contended that Musharraf wished to draw attention to the fact that his absence was not deliberate as he had multiple ailments which were life threatening, rendering him incapable of appearing before the Supreme Court.