Lahore High Court (LHC) Chief Justice Muhammad Yawar Ali will head the bench set to resume hearing of the case. Others on the bench are Balochistan High Court’s (BHC) Justice Tahira Safdar, who has recently taken charge as the BHC chief justice – and Sindh High Court’s (SHC) Justice Nazar Akbar.
The case has gained significance as a test of the top judiciary that has over the years given many verdicts derailing the democratic process under the notorious doctrine of necessity. Legal experts and several political leaders have urged the judiciary to expedite hearing of the case, insisting that there could be no bigger offence in a constitutional republic than abrogation of the constitution.
The case against Musharraf was filed by the former government of the Pakistan Muslim League-Nawaz (PML-N) over the dictator’s imposition of extra-constitutional emergency in November 2007.
Last month, Mohammad Akram Sheikh, the chief prosecutor, had tendered his resignation on grounds that he would not be able to proceed with the case in view of the imminent change of government in the Centre. He was appointed as the head of the prosecution in November 2013.
The former army chief had been indicted in March 2014 after he appeared before the court and rejected all charges. On March 18, 2016, Musharraf left the country for Dubai on grounds that he needed to leave for medical examination. His name was removed from the Exit Control List on the orders of the Supreme Court of Pakistan.
A few months later, the special court declared him a proclaimed offender and ordered the confiscation of his property owing to his failure to appear in the case hearing.
Later, on orders of the Supreme Court, Musharraf’s passport and identity card were also cancelled since he failed to return to the country despite a last chance.
Published in Daily Times, August 4th 2018.
