LAHORE - The National Ex-Servicemen Society on Thursday approached the Lahore High Court with a petition against the trial of former military ruler Pervez Musharraf by a special court for treason charges.
The plea was filed by Society’s Punjab president Moeenuddin Qureshi and secretary general Habibur Rehman Mayo.
The petitioners submitted that all the alleged unconstitutional acts of Nov 3, 2007 were taken by Musharraf being the then army chief; therefore, he could be exclusively tried by a military court under Section 31 read with Section 59 of Pakistan Army Act for the crime of mutiny and insubordination of the Constitution.
Pointing out that three retired army men were re-taken to the strength of army for their trial by a military court for their alleged corruption in NLC funds while they were in uniform, the petitioners stated Musharraf had also committed the offence in violation of Article 6 of the Constitution while in uniform; therefore, he be ordered to be tried by a military court.
They prayed to the court to declare that the three-judge bench formed by the Supreme Court is a coram-non-judice, unconstitutional and lacked jurisdiction to hold trial of a person subject to the Army Act. They urged the court to order the government to refer the trial of Musharraf to a military court.
Justice Ijazul Ahsan held the first hearing of the petition on Thursday and asked the petitioners for arguments on the maintainability of the petition.
The judge adjourned the hearing for a date to be fixed by the office.
Both the petitioners are practicing lawyers. Advocate Qureshi is also former deputy assistant judge advocate general of Pakistan army.