The Supreme Court has released a detailed verdict in the high treason case against the late former president Gen (r) Pervez Musharraf, declaring the Lahore High Court's decision null and void.
Justice Mansoor Ali Shah authored the judgment, asserting that the Lahore High Court's ruling not only contravened the constitution and laws, but also defied orders from the apex court.
In the detailed verdict, the Supreme Court underscored that appeals against the decisions made by a special court could solely be heard by the Supreme Court itself. It emphasized that the Lahore High Court lacked jurisdiction to preside over the case concerning the formation of the special court, and also because the special court was located in Islamabad.
The Supreme Court firmly stated that the Lahore High Court could not entertain appeals regarding the special court's decisions, as the relevant forum for such appeals was the Supreme Court. The verdict emphasized that the Lahore High Court's attempt to assert authority over the case was unfounded and erroneous.
"The right of appeal against the decision of the special court lay with the competent forum," the verdict stated, adding that the high court could not be moved while bypassing the relevant forum.
Furthermore, the Supreme Court said that it was not right for the high court to rule that the special court was not constituted by the federal government. It clarified that the special court was duly constituted by the federal government, with approval later obtained from the federal cabinet.
The decision cited precedents, including the Mustafa Impex case, to validate the legality of the special court's formation and jurisdiction. It said the verdict came after the formation of the special court.
In a rebuke, the Supreme Court highlighted that the Lahore High Court's acquittal of Pervez Musharraf and granting of relief not even sought was improper. The apex court firmly asserted that such actions undermined the rule of law and the integrity of the judicial process.
The Supreme Court's verdict has significant implications, reaffirming the authority of the apex court in matters of high treason and upholding the principles of constitutional legality and judicial jurisdiction. The decision marks a pivotal moment in the legal proceedings surrounding the high treason case, signalling a resolute stance against any attempts to circumvent due process and undermine the rule of law.
