KARACHI- Former president Pervez Musharraf's counsel, Barrister Farogh Nasim, has said that Article 6 was not applicable on the ex-military ruler's violation of constitution.

Farogh Nasim was arguing before bench a two-member bench of the Sindh High Court (SHC), comprising Justice Muhammad Ali Mazhar and Justice Shahnawaz Tariq, during hearing of Musharraf's application seeking removal of his name from government's Exit Control List (ECL).

In his arguments today, Farogh Nasim said violation of constitution is a wrong step but he cannot be tried under Article 6 of the Constitution. The offense of subverting the Constitution, if proved, carries death penalty under Article 6 of Pakistan's 1973 Constitution.

He said non-provision of FIA report is 'mala fide' of the federal government, and without it he neither could prepare cross-examination for prosecution witnesses nor could determine defence witnesses. He claimed that many documents pertaining to the Nov 3 emergency rule had been disappeared by the federal government and the FIA could resolve the mystery. "For a fair trial, it's very important to provide all relevant documents of the case to the accused... With the FIA report, the trial is baseless," he said.

Prosecutor Tariq Hasan, termed Farogh Nasim's concerns 'baseless' and held out the assurance that all documental evidences would be provided in the stage of witnessing. The bench today granted two week to the federal government to file a formal response over Musharraf's petition seeking permission to go abroad to visit his sick mother. The former president will have to wait a fortnight for government's response. Despite his applications, the government has rejected his requests for flying to Dubai. The court later adjourned the case till Friday. Farogh Nasim will carry on his contention tomorrow as well.