ISLAMABAD - An Intra-Court Appeal (ICA) challenging the notification of government about establishing a special court to initiate trial against former military ruler Pervez Musharraf for high treason case under Article 6 was filed in the Islamabad High Court (IHC) on Tuesday.
The petitioner Riaz Hanif Rahi maintained in his ICA that legal and constitutional requirements were not fulfilled while establishing the special court therefore, the same should be reconstituted. In the petition, Riaz Hanif cited ministry of law, interior ministry, registrar of the special court and director general (DG) federal investigation agency (FIA) as respondents.
It is pertinent to mention here that earlier, a single bench of IHC comprising Justice Noor-ul-Haq N Qureshi had turned down a petition challenging the notification of government about establishing a special court to initiate trial against former military ruler Pervez Musharraf for high treason case under Article 6. Now, the petitioner has moved an ICA against this decision of a single bench of IHC.
The single bench had declared the petition as non-maintainable by maintaining the objections raised by the Registrar Office over the petition. In its short order, the court directed the petitioner to approach any appropriate forum for redressal of his grievances.
During the hearing of that petition, petitioner Rahi stated that it is an important and high profile case and all legal and constitutional requirements should be fulfilled. He had argued that Musharraf was former president and army chief and how trial is possible without registering case and arresting him. The petitioner was of the view that Musharraf would take benefit of these legal lacunas.
He maintained that the head of special court was also among the other affected judges who refused to take oath under PCO of Musharraf while another judge is nephew of former judge of Supreme Court Justice (R) Khalil-ur-Rehman Ramday.
He continued that speculations are circulating in the media regarding the two members of the special court and questions are being raised regarding the transparency of proceedings against Musharraf . Therefore, Riaz requested the court to declare the notification regarding the establishment of special court as null and void.