ISLAMABAD: The Supreme Court has issued a comprehensive verdict in the high treason case involving the late former president Gen (r) Pervez Musharraf, declaring the Lahore High Court’s previous decision null and void.
Authored by Justice Mansoor Ali Shah, the judgment highlighted that the Lahore High Court’s ruling not only violated constitutional principles and legal statutes but also disregarded directives from the apex court.
In the detailed verdict, the Supreme Court emphasized that appeals against decisions made by a special court should exclusively be heard by the Supreme Court itself.
It reiterated that the Lahore High Court lacked jurisdiction to oversee the case related to the establishment of the special court, especially considering the special court’s location in Islamabad.
The Supreme Court unequivocally stated that the Lahore High Court was not authorized to entertain appeals concerning the special court’s rulings, reiterating that such appeals must be directed to the Supreme Court.
The verdict strongly asserted that the Lahore High Court’s attempt to exert control over the case was unfounded and erroneous.
“The right to appeal against the special court’s decision lies with the appropriate forum,” the verdict emphasized, cautioning against bypassing the relevant channels by approaching the high court.
Moreover, the Supreme Court rebuffed the Lahore High Court’s ruling that the special court was not established by the federal government, clarifying that the special court was indeed formed by the federal government, with subsequent approval from the federal cabinet.
Citing legal precedents, including the Mustafa Impex case, the verdict affirmed the legality of the special court’s establishment and jurisdiction. It underscored that the verdict was rendered subsequent to the special court’s formation.
In a firm reprimand, the Supreme Court underscored the impropriety of the Lahore High Court’s acquittal of Pervez Musharraf and its provision of relief not even sought.
Such actions, the apex court stressed, undermined the rule of law and compromised the integrity of the judicial process.
The Supreme Court’s ruling carries significant weight, reaffirming the apex court’s authority in matters of high treason and upholding the principles of constitutional legality and judicial jurisdiction.
The decision represents a crucial juncture in the legal proceedings surrounding the high treason case, signaling a steadfast commitment to safeguarding due process and preserving the rule of law.
