Islamabad: Embattled former Pakistani military dictator Pervez Musharraf has challenged in the Islamabad High Court the recent rejection of his plea seeking to transfer his treason trial case to a military court.
A three-member Special Court, headed by Justice Faisal Arab, had on February 21 rejected a plea by 70-year-old Musharraf to transfer his case of imposing emergency in the country in 2007 to the military court.
The court had dismissed the petition saying it has the mandate to try him. In the petition filed yesterday, the former President contended when the offence was committed by the petitioner, he was in services of Pakistan Army and the same being “civil offence” rendered it triable under the Army Act 1952.
The Islamabad High Court will take up the matter on Thursday. “Even when an army man retires, he can be called back not only in active service but made to undergo trial under the Army Act 1952 by operation of Section 7 of the Army Act read with the notification issued thereto,” he maintained.
The petition said that due to certain reasons, Musharraf had to impose emergency on November 3, 2007, and that after holding elections and handing over power to the newly-elected government, he resigned from the post of the President of Pakistan on August 18, 2008. According to the petition, the decision of November 3, 2007, had been taken by the government of the day. It added that the government was trying to deprive Musharraf of his fundamental right to a fair trial as enshrined in Article 10-A and Article 25 of Pakistan’s Constitution by not transferring his case to the military court. The petition requested the court to set aside the order of the Special Court and direct the federal government to transfer the case to the military court. Musharraf is facing treason charges for suspending and abrogating the constitution and imposing emergency. (PTI)
