The Supreme Court of Pakistan is set to begin hearing a series of appeals on November 10, including those filed by the late former President, retired General Pervez Musharraf, in an attempt to overturn his death sentence, as per Dawn.
A four-judge bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, along with Justice Syed Mansoor Ali Shah, Justice Aminud Din Khan, and Justice Athar Minallah, will preside over the hearings.
Represented by his counsel Salman Safdar, the late General filed an appeal requesting the annulment of the conviction, citing a trial process that was conducted in violation of the Constitution and the Code of Criminal Procedure (CrPC) 1898.
The appeal seeks a suspension of the judgment in the interest of justice and fair play.
The petition highlights Musharraf’s military career and claims that the trial for a constitutional crime was conducted in an unconstitutional manner.
In a separate development, the Sindh High Court Bar Association contested the Lahore High Court’s decision on January 13, 2020, which deemed the Special Court’s decision unconstitutional.
The association has appealed to the Supreme Court to reinstate the conviction for subverting the Constitution.
Presented by counsel Rasheed A. Razvi, the appeal argues that the high court’s verdict is legally flawed, alleging a misinterpretation of evidence and failure to appreciate the material presented by the prosecution during the trial.
Additionally, the appeal asserts that the high court neglected to acknowledge that the material presented by the prosecution before the Special Court was not denied by Gen Musharraf at any stage of the case.
It further argues that the verdict contradicts established principles of the Qanoon-e-Shahadat Order, stating that unchallenged facts are deemed admitted by the parties and do not require further proof.
The petition asserts that the high court’s decision contradicts the precedent set by superior courts and the Supreme Court, referencing the 2019 Lahore High Court Bar Association case.
A special court in Islamabad found former military ruler retired Gen Pervez Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution on December 17, 2019.
This was the first time in Pakistan’s history that a military chief has been declared guilty of high treason and handed a death sentence. The verdict was split 2-1.
Article 6 of the Constitution says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.”
The three-member bench of the special court was headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC).
