LAHORE, Dec 3 (APP): The Lahore High Court (LHC) on Tuesday again sought complete record of
treason case against former president Pervez Musharraf till December 10.
Justice Syed Mazahar Ali Akbar Naqvi passed the orders while hearing a petition, filed by the former president challenging formation and proceedings of a special court in high treason case against him.
At the outset of the proceedings, Law and Interior Ministries’ representatives appeared before the court and stated that the treason case record could not be produced as it was lying with the Islamabad High Court (IHC) in connection with the proceedings, conducted by a full bench.
However, Musharraf’s counsel Advocate Muhammad Azhar Siddique raised two preliminary objections on this occasion.
He stated that the complaint was filed with mala fide intention as it appeared from the notification that the direction was passed by the then prime minister, who was directly aggrieved by the act of the petitioner in the instant case, to the Interior ministry for initiation of the proceedings.
He further submitted that the complaint was filed without approval of the cabinet, which itself was in defiance of the guidelines, set by the Supreme Court in Mustafa Impex case.
He said that legal formalities contained in Article 10-A were not adopted, which was not only against the dictum of due process of law but also basic principles of natural justice.
He argued that the proceedings carried out in pursuance of the complaint were also a violation of Section 4, 5 and 11 of the Criminal Law Amendment Act 1976.
He argued that the apex court had not passed any direction that the proceedings should be carried out by prime minister, in Maulvi Iqbal Haider case.
At this stage, a federal law officer submitted that the attorney general did not appear before the court due to non-availability of the record.
He submitted that the record would be procured from the IHC soon and then the attorney general would appear before the court for assistance.
Subsequently, the court adjourned further hearing till December 10 and directed the law officer to produce the record on the next date of hearing.