The Supreme Court has issued a detailed finding in the high treason case against late former President Gen (r) Pervez Musharraf, declaring the Lahore High Court order null and unconstitutional.
The judgment, authored by Justice Mansoor Ali Shah, asserted that the Lahore High Court’s ruling not only violated the constitution and laws, but also contradicted Supreme Court directions.
In the full verdict, the Supreme Court emphasized that challenges against special court decisions may only be reviewed by the Supreme Court itself. It stressed that the Lahore High Court lacked jurisdiction to hear the matter involving the special court’s formation, as well as the fact that the special court was based in Islamabad.
The Supreme Court declared unequivocally that the Lahore High Court could not hear challenges against the special court’s decisions since the appropriate place for such appeals was the Supreme Court. The ruling stressed that the Lahore High Court’s attempt to assume jurisdiction over the matter was unjustified and incorrect.
“The right to appeal against the decision of the special court lay with the competent forum,” the finding noted, adding that the high court could not be moved while bypassing the appropriate forum.
Furthermore, the Supreme Court stated that it was incorrect for the high court to rule that the special court was not established by the federal government. It clarified that the special court was duly established by the federal government, with permission afterward.
