ISLAMABAD: Justice Akbar, in his dissenting note, said he happens to dissent with the majority view held by the other members of the bench.
“In the offence under Article 6 of the Constitution, the charging word is ‘high treason’, therefore, without properly appreciating what does it mean, this court cannot pass a just and fair verdict.”
“But for this reason, both the learned counsel for the prosecution and my learned brothers have referred to the definition of ‘high treason’ by relying on the meaning of ‘high treason’ given in the Oxford Dictionary (Tenth Edition).
“[Counsel] has failed to appreciate that on the date of offence except ‘abrogate’ and ‘subvert’ no other act of any person was considered as an office under Article 6 of the Constitution. Only the act of ‘abrogation’ and ‘subversion’ of Constitution was considered as an act of high treason. The words ‘suspension’ and ‘abeyance’ were not used in the language of Article 6 of the Constitution until 20.4.2010 when [they] were introduced through the 18th Amendment almost after two and a half year to the date of the alleged offence of high treason.”
The judgement further ordered to keep the record inclusive of the case properties under lock and key with the registrar of the court till further orders.