ISLAMABAD - Former Army Chief General (retd) Pervez Musharraf Thursday filed an appeal against Supreme Court Registrar’s decision of refusing to entertain his appeal against the Special Court’s decision in the high treason case. Musharraf challenged Special Court’s judgment to award him death sentence in high treason case, saying he has been denied the right to a fair trial under Article 10-A of Constitution. In January, the Registrar Office returned Musharraf’s plea after raising an objection under Supreme Court Rules 1980 that says a convict has to surrender to the authorities before filing an appeal. Barrister Salman Safdar filed the appeal on behalf of the former president. He adopted that since the Special Court proceeded in his absence and had also convicted him in his absence, therefore he qualifies to be heard at appeal in his absence. Musharraf stated that he was being tried for an alleged constitutional crime in an entirely unconstitutional manner. He has been denied the right to a fair trial, squarely against Article 10-A of the Constitution. Even his counsel was not allowed to assist the Learned Special Court in a case carrying capital punishment.

 

Special Court presided over by Chief Justice of the Peshawar High Court (PHC) Waqar Ahmed Seth, Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC) on December 17, 2019 with 2-1 handed down death sentence to Musharraf.

 

The former president was accused of suspending and abrogating constitution on 3rd November, 2007, and promulgated emergency and Provisional Constitution Order (PCO) in the country.

 

The appeal stated that Musharraf’s health declined significantly requiring specialized treatment abroad and he was given permission and approval of the court to leave the country on medical grounds. He stated that the requirement of surrendering Musharraf is not applicable owing to his health condition.