Apex court annuls LHC’s 2020 decision revoking death sentence, declaring special court ‘unconstitutional’
ISLAMABAD
Supreme Court (SC) has declared the sentence awarded by special court to former president Pervez Musharraf correct in high treason case.
Declaring the appeal plea of former president Gen (Retd) Pervez Musharraf in-fructuous and upholding the decision of sentence the SC has declared Lahore High Court (LHC) decision null and void.
The court has remarked no contact could be made with the heirs despite efforts. We cannot shut the doors of justice to the heirs. But we cannot hear their counsel in the absence of heirs. Therefore, the decision of special court is kept upheld.
A 4-member larger bench of SC presided over by Chief Justice of Pakistan (CJP) Qazi Faez Isa took up the case for hearing Wednesday.
Hamid Khan and Suleman Safdar came on rostrum during the hearing of the case.
Counsel Hamid Khan said Pervez Musharraf has filed appeal against his conviction. It is criminal appeal. Our petition is against the decision of LHC on annulment of the sentence. It is constitutional matter.
They requested both the appeals be heard separately.
The CJP inquired are the jurisdiction of LHC in the present case and appeal are two separate matters. First we hear Suleman Safdar, the counsel of Pervez Musharraf.
Later the federal government opposed the appeal plea against the conviction of Pervez Musharraf.
The CJP inquired from Additional Attorney General (AAG) Aamir Rehman are you opposing Pervez Musharraf appeal or supporting it.
AAG replied we are opposing appeal of Pervez Musharraf.
The CJP remarked we cannot hear the counsel of Pervez Musharraf in the absence of heirs of Pervez Musharraf. The decision should not be based on presumptions. We don’t want to shut any door for the rights of heirs.
Suleman Safdar the counsel of Pervez Musharraf said he appreciates the steps taken by this court. Heirs of Pervez Musharraf are not settled in Pakistan.
The CJP inquired what are your reservations about the decision of LHC.
The counsel said he does not appear in SC before the judge who conducted trial of former president in LHC. I will make some submissions before you in chamber.
The CJP remarked we don’t call any one in chamber.
Suleman Safdar said Pervez Musharraf was not alone involved in imposition of emergency. The then Prime Minister, law minister, parliament and judges of SC were also involved therein. The special court awarded sentence to Pervez Musharraf without hearing him.
