A Special Court constituted to try former army chief Pervez Musharraf in high treason case ruled on Friday that Code of Criminal Procedure (CrPC) is applicable in his case. Resuming the hearing of matter, a three-judge bench of the Justice Faisal Arab announced its reserved decision over the applicability of Criminal Procedure Code (CrPC) in the case and ruled, "If criminal law and Special Court Amendment Act's provisions are considered in unison then court comes to the conclusion that criminal law is applicable in the current matter".

The court had reserved its verdict over the applicability of the CrPC in the instant matter on January 8, while Prosecutor Akram Sheikh cited Supreme Court ruling that all crimes under the Army Act fall within the preview of CrPC. The bench turned down the plea of Musharraf's counsel to grant exemption to their client from appearing before the court and held that the court cannot revisit its earlier order of summoning the accused on January 16.

During its hearing of January 09, the court had directed Musharraf to appear before the court on January 16, saying his counsel had not submitted any application for exemption from appearing before the court. Justice Faisal Arab ruled, "This court has no jurisdiction to alter, modify and insert anything except correction of clerical mistakes in the order".

During proceedings on Friday, Anwar Mansoor Khan, counsel for Musharraf filed a written application and prayed one of the bench to suspend the operational part of court's January 9 order regarding appearance of Musharraf before the court onJanuary 16. Mansoor pleaded that the notification issued by the federal government for the constitution of special court was illegal because Prime Minister Nawaz Sharif did not observe legal and constitutional procedure in the process of formulation of special court under Article 90 of the Constitution.

Mansoor pointed out that pleas of his client were pending before the Special Court, including the transfer of the instant matter to a military court. To which, Prosecutor Akram Sheikh said that special court has no power or jurisdiction to alter, amend, revisit or review its orders except issuing necessary clarification in case of any confusion or clerical mistake.

Justice Faisal Arab remarked that the current matter is of great significance as constitutional issues are involved, observing the matter in hand cannot be resolved in days or months. He further remarked that the same person who had introduced the Amendments in the Constitution is currently before the court. Later, the hearing of case was adjourned till January 16.

Author: Khudayar Mohla

Source: Business Recorder