ISLAMABAD: Former military ruler General (retd) Pervez Musharraf has challenged his trial for treason in a civilian court, saying he can only be prosecuted under the Army Act.

The 70-year-old ex-military strongman is due to appear before a special court on Dec 24 to face treason charges for conspiring against the Constitution by declaring emergency and overthrowing the superior judiciary in November 2007.

Musharraf will be the first military dictator in Pakistan's history to face a trial for treason.

His lawyers have already contended that the treason charge levied against him is politically motivated and that proceedings would be a “show trial”.

In a fresh application filed in the Islamabad High Court (IHC) on Saturday through counsel Advocate Khalid Ranjha, the former president stated that the emergency imposed on Nov 3 was not an arbitrary act, and that it had the support of all relevant stakeholders.

The application moreover said that Musharraf could not be tried in court without including those who had taken part in the act.

The petition added that the Nov 3 emergency was imposed while he was serving as a military general and therefore investigation against him could only be carried out under the Army Act.

It furthermore said that the federal government should be prevented from conducting investigation against Musharraf in a special court.

The defence secretary and law secretary were made parties in the application.

In the November 3, 2007 proclamation of emergency, Musharraf, had declared: “I, General Pervez Musharraf, Chief of the Army Staff, proclaim emergency throughout Pakistan. I hereby order and proclaim that the constitution of the Islamic Republic of Pakistan shall remain in abeyance.”

The proclamation also mentioned that the emergency was imposed “in pursuance of the deliberations and decisions” of a meeting which was attended by then “prime minister, governors of all the four provinces, and with chairman joint chiefs of staff committee, chiefs of the armed forces, vice chief of army staff and corps commanders of the Pakistan Army.”

Application accepted by IHC

The IHC has accepted Musharraf’s application against his treason trial being conducted in a civilian court and the first hearing would be on Dec 23.

The hearing would be heard by Justice Riaz Ahmed Khan.