Musharraf challenges special court verdict in SC
Shut courts if oaths to decide cases: DG ANF
Former military ruler retired Gen Pervez Musharraf on Thursday submitted an appeal in the Supreme Court against a special court's verdict that found him guilty of high treason and handed him a death sentence under Article 6 of the Constitution.
In a 90-page criminal appeal, the former military ruler named as respondents the federation through the secretary of the interior ministry, the special court and the state. He called for the order of the special court to be set aside. The appeal comes just days after the Lahore High Court declared the formation of the special court as "unconstitutional".
On December 17 last year, a special court handed a death sentence to Musharraf in a verdict split 2-1. It was the first time in Pakistan's history that a military chief was declared guilty of high treason and handed a death sentence.
In his appeal against the verdict submitted today, Musharraf said that based on the grounds of the application, since the trial had been conducted and completed "in sheer violation" of the Constitution and the Code of Criminal Procedure 1898, the special court's judgement should be set aside.
"Any other remedy that the honourable court deems fit and proper may also be granted," the appeal added. As per the preliminary submissions: "In a nutshell, it is the case of the appellant (Musharraf) that he was being tried for an alleged constitutional crime in an entirely unconstitutional manner."
The grounds for the application challenging the special court's verdict included: a delay (noticeable and unexplained in initiating high treason case), no offence of high treason made out, prosecutorial misconduct and discriminatory/selective prosecution, complaint filed without "federal government/cabinet" approval, coram non-judice — the special court was not constituted in the appropriate manner, special court had concluded the proceedings without examining the accused, the mode, manner and language of the judgement, status as absconder and trial in absentia, right to counsel and judicial bias.
According to Musharraf's appeal, the prosecution's case had suffered from an "admitted, noticeable and unexplained delay" of over five years from the date of the alleged offence and the intiation of proceedings.
"That the malice of the federal government is apparent from the ' selective', 'discriminatory' and 'biased' nature of the investigation and prosecution," the appeal stated.
Miscellaneous applications attached in the appeal asked the Supreme Court to grant Musharraf a right of audience in his physical absence in the "interest of justice" and called for the judgement to be suspended in the "interest of justice and fair play". Special court 'unconstitutional'
On Monday, while ruling on Musharraf's petitions against the special court's verdict, the LHC declared that the formation of the special court was "unconstitutional" and that the treason case against the former president was not prepared in accordance with the law. According to both the federal government and Musharraf's lawyer, after the high court's ruling, the verdict issued by the special court stands void.
ISLAMABAD: Director General Anti-Narcotics Force (ANF) Major General Muhammad Arif Malik on Wednesday said courts must be closed if cases are to be decided through taking oath. The ANF challenged the bail of the PML-N leader and former Punjab law minister Rana Sanaullah in the drugs case before the Supreme Court.
The ANF filed the petition against the verdict of the Lahore High Court, saying that there were sufficient evidence against Rana Sanaullah for being involved in the drugs case. The ANF alleged the PML-N leader was carrying around 15 kilograms of heroin with him when he was arrested from Sukheki in July last year. The Force asked the court to set aside the verdict of the LHC wherein he was allowed bail. The ANF officials had claimed to have seized 15 kilograms of heroin from Sanaullah’s vehicle while they had also detained the PML-N leader’s guard for taking the law into hands. Later, Sana was released from Lahore’s Camp Jail after LHC had granted him bail in narcotics case.
Meanwhile, the government placed the name of Rana Sanaullah on the Exit Control List (ECL). The federal cabinet has approved the suggestion of putting Rana Sanaullah's name on the ECL through circulation of summary.