ISLAMABAD - Former President General (Retd) Pervez Musharraf has again approached the Islamabad High Court (IHC) to challenge his non-bailable arrest warrants issued by a lower court in Ghazi Abdul Rashid murder case.
After preliminary hearing here on Monday, the single bench of IHC comprising Justice Noor-ul-Haq N Qureshi issued notices to Haroon-ur-Rashid son of late Lal Masjid cleric Ghazi Abdul Rashid and state.
The court also directed the counsel for petitioner to submit the current details about Musharraf’s health and report of medical board constituted on the directions of Anti-Terrorism Court (ATC) Quetta.
The former president has moved this petition through his counsel Malik Tahir Mahmood Advocate and cited Haroon-ur-Rashid and state as respondents.
The counsel for petitioner adopted in the petition that the special medical board was constituted by ATC Quetta and 9 doctors under the chairmanship of Dr Imtiaz Hashmi got examined the petitioner and opined that at present the petitioner is not able to travel due to certain severe diseases.
However, he added that despite this medical report, Additional Sessions Judge Kamran Bisharat Mufti on June 19 rejected his client’s application seeking permanent exemption from appearing before the court on medical grounds.
He contended that the impugned order is perverse, illegal, capricious, arbitrary and not warranted in the eye of law.
Advocate Malik Tahir continued that the trial court did not adopt procedure as envisaged under the law and acted hastily and decided the matter arbitrarily, hence the said order is liable to be set aside.
“The impugned order is against the principle of natural justice and equity and has resulted into grave miscarriage of justice and indulgence of this august court is very necessary to impair the injustice caused by this violative order,” he added.
Therefore, he prayed to the court to set aside the trial court’s order dated June 19 and in consequences thereof permanent appearance of the petitioner may kindly be exempted in accordance with the opinion of the special medical board, non-bailable warrants of arrest of the petitioner may be set aside and surety bonds of the petitioner may be restored in the interest of justice.