ISLAMABAD - The Islamabad High Court (IHC) will take up a constitutional petition challenging the Criminal Law Amendment (Special Court) Act 1976, which governs the constitution of the Special Court currently hearing the high treason case against former President Gen (Retd) Pervez Musharraf here on Wednesday (today).
A single bench of IHC comprising Justice Riaz Ahmad will conduct the hearing of the petition along with the objections raised over it by Registrar office of IHC.
On the previous hearing, the bench had decided to hear the petition along with the objections after hearing the arguments of Arshad Zaman Kayani Advocate, counsel for petitioner Sohail Hameed Advocate.
The petitioner’s counsel had 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 objections had no weight and were not correct in any manner whatsoever.
He had 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 number 1/2013 against him by the persons of ruling federal government being bias and inimical to him.
Kayani maintained that the court dismissed Musharraf’s petition with the observation that the allegations and factual controversies needed to be proved which could not be resolved in the writ petition.
However, he stated that this instant petition had no nexus with or any sort of similarity or identity with the prayers even nature of such petition of the former president. The counsel argued that his client’s petition was based on the law point as set out by the Supreme Court of Pakistan in Mehram Ali case (PLD 1998 SC 1445) and Sh Liaquat Hussain case (PLD 1999 SC 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 believed in rule of law which was the foundation of the country while the preamble of the constitution of Pakistan declared, “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 had locus standi to institute the instant petition under article 199 of the constitution of Pakistan and being public importance matter it was 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 might 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.