Special court which announced punishment for Pervez Musharraf did not fall under the jurisdiction of LHC: Supreme Court

ISLAMABAD, Nov 22 (SABAH): Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa has said that the Lahore High Court provided the relief to the petitioner which even had not been demanded in late former president former president General (retd) Pervez Musharraf’s case while terming special court unconstitutional. Supreme Court has said that Special Court which announced punishment for former president Pervez Musharraf did not fall under the jurisdiction of Lahore High Court.

Four-member larger bench of the Apex Court headed by CJP Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah heard the petitions filed against conviction of Parvez Musharraf by special court in high treason case and against LHC verdict declaring constitution of special court null and void by the bench headed by the then LHC Justice Sayyed Mazahar Ali Akbar Naqvi and incumbent SC judge.

During the hearing, the Chief Justice remarked if some activity is underway in Punjab province then it is responsibility of Lahore High Court to deal with it as in this way it falls in its jurisdiction. He said the special court was working in Islamabad whereas the federal government was also working in Islamabad.

Islamabad falls under the jurisdiction of Islamabad High Court and it can not be dealt by the Lahore High Court, he said and added it is surprising and perturbing that the Lahore High Court uprooted the special court and issued order. He said indeed this order should have been issued against the three judges of Lahore High Court.

Justice Aminuddin Khan remarked there should be some jurisdiction for issuing a verdict. Justice Syed Mansoor Ali Shah said that they will nullify this verdict that it is not jurisdiction of the court. He said no notification was issued regarding formation of special court. The court adjourned hearing of the case till next Tuesday. Lahore High Court Association Rawalpindi’s former president Taufiq Asif’s lawyer Hamid Khan Advocate will continue his arguments on the next hearing of the case; meanwhile Pervez Musharraf’s counsel Barrister Salman Safdar will inform the bench whether the heirs of Pervez Musharraf want to plead the appeal or not.