Islamabad: Chief Justice Justice Faiz Isa has said that Lahore High Court gave relief in the Musharraf hanging case which was not requested, the decision of Lahore High Court cannot be sustained if there is no jurisdiction.
According to Express News, a special court’s decision regarding the hanging of former President Pervez Musharraf was heard in the Supreme Court. The hearing was conducted by a four-member larger bench headed by Chief Justice Justice Faiz Isa. Lawyer Hameed Khan presented arguments at the rostrum.
Hameed Khan said that the Supreme Court had ordered the special court to proceed with the proceedings; the Supreme Court said that even if the accused does not surrender, action can be taken. The Supreme Court’s decision was also mentioned in Lahore High Court’s notes.
Chief Justice Faiz Isa said that Lahore High Court gave relief in the serious treason case without being requested in the application. The powers under Section 187, what kind of powers the Supreme Court has, do they also exist with the High Court? Justice Faiz Isa said that even if Lahore High Court’s decision is correct, it cannot be sustained due to lack of jurisdiction. How did Lahore High Court use the powers of jurisdiction, even in the Special Court, one judge from Lahore High Court was present, did Lahore High Court issue a rate against three judges of High Court? How was the jurisdiction of Lahore High Court used on the basis of which foundations?
Hameed Khan said that no reasons were given, Justice Athar Minallah asked whether the Federation did not object to the jurisdiction? On this, Hameed Khan said that no one said anything, all were on the same page.
Justice Mansoor Shah asked if there is any constitutional document for this same page? Laughter erupted in the court at this question.
The court asked if the parties wanted, they could submit written submissions. Later, the hearing of the case against Lahore High Court’s decision was adjourned until November 28.
