ISLAMABAD -

The dark clouds are likely to keep prevailing over the former dictator’s fate as a fresh writ petition challenging the notification of declaring Pervez Musharaf’s farmhouse as sub-jail was filed in Islamabad High Court (IHC) here on Monday.
It was also requested in the petition that the court may direct the concerned authorities to send the under-trial prisoner former President General (R) Pervez Musharaf to Adiala Jail.
IHC judge Justice Riaz Ahmad Khan will take up the petition today for further proceedings in this connection.
Petitioner Ch. Muhammad Aslam Ghuman through his counsel Ch. Muhammad Ashraf Gujjar challenged the notification of Chief Commissioner Islamabad to declare farmhouse of Musharraf as sub-jail.
In his petition, he made Chief Commissioner, Islamabad Capital Territory, Inspector General Police Islamabad Bani Amin Khan, SHO PS Secretariat, SHO PS Chak Shahzad, and General (Retd.) Pervez Musharraf as respondents.
He contended that the accused had not join the investigations despite the court directions and he is a proclaimed offender, thus, not entitled to discretionary relief.
He argued that the respondent No.1 & 2, to fulfill their malafide intentions and meet their ulterior designs moved the thing so briskly and in an unprecedented manner to facilitate, accommodate and to extend undue favour to the accused, which transformed in the shape of an impugned notification whereby the Chak Shahzad residence of the accused Musharraf was declared as sub-jail by the respondent No1.
The petitioner added that it is amazing that the residence of the accused who is facing very serious and heinous charges of terrorism, under the ATA, 1997, has been declared as ‘sub-jail’, which is illegal, unlawful, arbitrary and in sheer violation of law.
He maintained that the accused who is facing the charges of terrorism can not be kept anywhere other than the regular jail or prison while the such an accused can not be kept at a place of his choice, so much so at his residence.
His counsel informed the court that approximately thousands other accused who are facing trail under Anti Terrorism Act, 1997, would also like to be kept at their residence as it has been done in the case of above said accused.
Therefore, he said that the respondent No.1’s act of declaring the residence of the accused is illegal, unlawful, mala fide, without lawful authority, a worst example of colourful exercise of power, discriminatory, against the principles of equality as enshrined in the Constitution, hence, the same is liable to be set aside, varied and rescinded in the interest of justice.
He prayed before the court that the said notification is liable to be set-aside and therefore, the accused is to be kept at District Jail, Adiayala Rawalpindi as instead of his residence.