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IHC reserves verdict on Mush petition
Constitution of special court
 
 
 
 IHC reserves verdict on Mush petition

ISLAMABAD - The Islamabad High Court (IHC) on Monday reserved its verdict regarding the office objections raised on the constitutional petition challenging the Criminal Law Amendment (Special Court) Act 1976, which governs the constitution of Special Court currently hearing the high treason case against former President Gen. (retd) Pervez Musharraf.
A single bench of IHC comprising Justice Riaz Ahmad conducted the hearing and reserved the decision on this petition moved by a Sohail Hameed Advocate through his counsel Arshad Zaman Kayani Advocate.
Previously, the court office had raised some objections stating that the matter had already been decided.
On Monday, the petitioner's counsel argued before the court in response to the objections that after perusal of the contents as well as the prayer clauses of such petition moved by former president Musharraf, it found that such objection has no weight and is not correct in any manner whatsoever.
He contended that Musharraf filed the petition challenging the notification for the formation of special court, appointment of judges of special court in consultation with the then Chief Justice of Pakistan and lodging of complaint No.1/2013 against him by the persons of ruling federal government being bias and inimical to him. 
Arshad Kayani maintained that the court dismissed that the Musharraf petition with the observation that the allegations and factual controversies needed to be proved which cannot be resolved in the writ petition.
However, he stated that this instant petition has no nexus with or any sort of similarity or identity with the prayers even nature of such petition of former president.
The counsel argued that his client's petition is based on the law point as set-out by the Supreme Court of Pakistan in Mehram Ali case (PLD 1998 S.C 1445) and Sh. Liaquat Hussain case (PLD 1999 S.C 504).
"Wherein it was held that any Court or Tribunal had not been created under any Article of the Constitution cannot lawfully share judicial power with the Courts referred to in Article 175 and 203 of the Constitution of Pakistan," maintained the lawyer.
He added that the petitioner believes in rule of law which is the foundation of the country while the Preamble of the Constitution of Pakistan declared that "Therein shall be guaranteed fundamental rights, including equality of status, of opportunity and before law, social, economic and political justice and freedom of thought, expression, belief, faith, worship and association, subject to law and public morality."
Therefore, he maintained that in view of above discussed legal aspects and under circumstantial facts the petitioner has locus standi to institute the instant petition under Article 199 of the Constitution of Pakistan and being public importance matter it is required to be determined and resolved these law points and constitutional issues by admitting the instant petition and fixed for hearing at length.
"It is, therefore, respectfully submitted that the objection at serial No.37 may kindly be waived and to be admitted the instant writ petition for better administration of justice," prayed the counsel.
It is pertinent to mention here that in the main petition, the petitioner had prayed the court that it may declare that Criminal Law Amendment  (Special Court) Act 1976 is in violation of Article 6 (3) of the Constitution and, therefore, void and of no legal effect.
He had also prayed that the court might declare that Section 3 of Criminal Amendment (Special Court) Act 1976 to the extent of offence punishable under the High Treason Act 1973 is in violation of the Criminal Law Amendment and, therefore, without lawful authority, void and of no legal effect.
The petitioner had further requested the court to suspend the proceedings before the special court constituted under section 4 of the Criminal Law Amendment (Special Court) Act 1976.

 
 
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