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Petition against Musharraf’s bailable arrest warrants returned
ISLAMABAD: The Registrar Office of the Supreme Court has returned the petition filed by former president General (retd) Pervez Musharraf against the bailable arrest warrant after raising objections, Geo News reported Friday.
The lawyers of Pervez Musharraf had filed the petition in the SC against his arrest warrant that was returned by the apex court after raising objections.
According to the Registrar Office, the SC can not hear this petition and that Pervez Musharraf should contact the relevant forum.
On Tuesday, Pervez Musharraf had moved the SC seeking a remedy against the arrest warrant of the Special Court trying him in the high treason case under Article 6 of the Constitution.
Four lawyers of Musharraf filed two petitions against the Federation of Pakistan through the secretary and the Special Court established under the Criminal Law (Amendment) Act, 1976 through its Registrar.
The counsels for Musharraf, Syed Sharifuddin Pirzada, Anwar Mansoor Khan, Dr Khalid Ranjha and Faisal Chaudhry, filed the first petition under Article 184(3) of the Constitution saying that their client was aggrieved by the Special Court order of January 10, 2014.
The Special Court on January 10 summoned Pervez Musharraf through a short order and ruled, “We therefore direct the accused to appear before the court on January 16, 2014, failing which appropriate orders in this regard shall be passed.”
However, the Special Court had also issued the arrest warrants of former army chief Pervez Musharraf on January 1 for February 07.
Challenging the order of the Special Court on the summoning of Pervez Musharraf, the counsels submitted that their client was aggrieved by the Special Court order of January 10, 2014, being contrary to the law and the Constitution.
The legal team of former president contended that the Criminal Law (Amendment) Act, 1976 in itself is a complete code giving all authority and power, including procedures, adding that the Act of 1976, categorically and specifically bars the application of Code of Criminal Procedure and the Evidence Act.
The team, while raising three questions of law in the petition, submitted that it had to be decided that whether, when a law stipulates in categorical terms that a general law would not apply to a Special Law.
A police team on Monday had served arrest warrants to Gen (retd) Pervez Musharraf at the Armed Forces Institute of Cardiology (AFIC).
Police were able to serve the warrants only after waiting for two and half hours at the reception of the medical facility.
Musharraf’s lawyers, who were also present at the hospital, provided the police with details about the surety bonds of Rs2.5 million against the bailable arrest warrants.
The police will submit its report to the court today.
Courtesy www.geo.tv