KARACHI, Oct 14: A constitutional petition seeking prosecution of retired general Pervez Musharraf for high treason was disposed of by the Sindh High Court, advising the petitioner to move the Supreme Court in the matter.

Maulvi Iqbal Haider had submitted in the petition that General Musharraf had issued the proclamation of emergency, Provinsional Constitutional Order and Oath of Office (Judges) Order, 2007 as well as amended the constitution, which amounted to abrogation and subversion of the constitution.

He stated that the former president and those who supported his illegal acts were liable to be prosecuted under high treason charges.

A division bench headed by Chief Justice Sarmad Jalal Osmany in its order said: “We are also of the opinion that the proclamation of PCO dated 3.11.2007, promulgated by Rtd. General Pervaiz Musharraf clearly shows that certainly he is the person who is responsible for abrogation and subversion of the Consititution and is liable to be prosecuted for committing high treason.

“However, we are also conscious of the fact that the Honorable Supreme Court of Pakistan in the judgments dated 31st July, 2009 in Constitutional Petitions Nos 8 and 9/2009 has not issued any direction for prosecution of Rtd General Pervaiz Musharraf. Hence we restrain ourselves from doing [so]. Therefore, it would be proper for the petitioner to approach and make such prayer before the Honourable Supreme Court of Pakistan and seek directions in this regard.”

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