ISLAMABAD: Former president retired Gen Pervez Musharraf on Saturday petitioned the Lahore High Court to challenge the reservation of the judgment.
Musharraf’s counsel, Khwaja Ahmed Tariq Rahim, approached the high court on his client’s behalf, contending that the reserving of the verdict on November 19 was “unconstitutional and void”. It was pleaded that the impugned order from that date be suspended and that “the trial in absentia being conducted against the petitioner” be stayed until his physical appearance before the court.
Citing the “landmark judgment” in the Mustafa Impex, Karachi vs The Government of Pakistan case, the petition has called for the decision, in that case, to be enforced and the trial in Musharraf’s case to be re-initiated.
Additionally, the petition has argued that the federation of Pakistan and the Federal Investigation Agency (FIA) “be directed to conduct a proper and unbiased investigation including the names of all alleged aiders and abettors for the proper appreciation of facts and evidence at trial”.
It has also pleaded that the petitioner be granted his “constitutional right to a fair trial and audience in the instant trial” according to the law.
Furthermore, it has contended that the section of the Criminal Law Amendments (Special Court) Act, 1976, which denies the accused an adjournment even on the grounds of illness, “be suspended and declared unconstitutional”. In this regard, it has also requested that the trial be adjourned until the petitioner’s medical condition “allows for his safe return to the country to face trial”.
Musharraf’s petition has requested that an independent medical board “at the expense of the petitioner” be constituted to assess his present medical condition.
The court has fixed the petition for a hearing on November 25. Justice Mazahir Ali Akbar Naqvi will preside over the proceedings.