ISLAMABAD: The Islamabad High Court Thursday dismissed the plea of former President Pervez Musharraf, seeking suspension of a three-member special court’s order to summon him on January 16 in treason trial.
A single member bench of IHC, comprising Justice Riaz Ahmed Khan, announced the decision after hearing the arguments of Pervez Musharraf Counsel Dr. Khalid Ranjah.
During the course of hearing, Musharraf’s lawyer said the special court’s order, passed on January 10, 2014 be set aside being illegal and that it would unfairly prejudice in the case of the petitioner.
He said the Special Court Act 1976 reflects that it does operate only as putting restraint on other courts. It does not put any fetters on the special court itself.
He said the provision of Section 369 does not bar the special court from making any change or alteration in its order of January 9.
Ranjha said the 369 CRPC put no restraint on the courts powers in the matter of interim orders. This section applies only to judgments, the provision of which renders a court functus officio, he added.
He argued that the order issuing process of summons to the accused under Section 204 CrPC has been recognized as interim order variable when thought apt by which passed once an order.
Similarly process issued to witnesses can too be withdrawn being not a judgment, he added.
He said that the Section 369 has bearing only on regular judgments and that under the impugned order is rendered bad in law being per incur am.