ISLAMABAD - After former federal minister Zahid Hamid, former chief justice of Pakistan justice (r) Abdul Hameed Dogar Wednesday also approached the Islamabad High Court (IHC) challenging November 21 order of the special court conducting high treason case against former military ruler general (r) Pervez Musharraf.

In his petition, the former CJP has challenged the order of special court that included his name among three co-accused in the treason case against former president. It is the third petition in the same matter. Former president High Court Bar Association (HCBA) Rawalpindi advocate Taufiq Asif and former federal minister for science and technology Zahid Hamid moved the previous two petitions.

A single bench of IHC comprising Justice Athar Minallah had conducted the hearing in the previous two petitions on December 8 and sought attorney general of Pakistan’s opinion regarding admissibility of the petitions.  The former judge Dogar filed the petition through his counsel advocate Iftikhar Gillani.

It has been learnt that former prime minister Shaukat Aziz is also to challenge the special court’s order.

Referring to a decision of the apex court, the petitioner justice (r) Abdul Hameed Dogar argued that the Supreme Court in the said case had declared PCO unconstitutional and 100 judges had to go home as a result but in the judgment it never mentioned that the petitioner or other PCO judges had any role in the imposition of November 3 emergency.

The petitioner continued that he had no role in the imposition of November 3 emergency for which Musharraf is facing treason case.

He informed the court that Justice (r) Wajihuddin Ahmed had challenged Musharraf’s election as president in uniform before the court and through an application on November 2, 2007 Justice Wajih had expressed his apprehension that martial law or emergency could be imposed in the country.

Dogar added that on the following day, Musharraf imposed emergency and ceased offices of the judges and administered new oath of office to the judges of the Supreme Court and high courts.

Petitioner further said that he and the other judges including Nawaz Abbasi, Faqir Mohammad Khokhar, M Javed Buttar and Syed Saeed Ashad took oath on November 3.

He said the apex court at no point of time said he had any role in imposition of emergency but the special court assumed a suo moto jurisdiction, which is not conferred on it, by adding the name of the petitioner as a co-accused.

The petitioner said the order of special court was against the spirit of Article 10-A of the Constitution. Therefore, he prayed to the IHC to set aside November 21 order of the special court .

IHC registrar office has raised similar objection on the petition like at the two previous petitions that IHC had no jurisdiction to hear cases against the special court . A single bench of IHC comprising Justice Athar Minallah would hear this matter as objection case.