The special court trying former President and General (retd) Pervez Musharraf for high treason on Friday dismissed an application seeking transfer of the complaint to a court martial under the Pakistan Army Act.
Justice Faisal Arab asked Mr. Musharraf to be present in court on March 11 in the light of the previous order that once the question of jurisdiction was decided, the accused can be summoned for indictment.
The defence had contended that in the Pakistan Army (Amendment) act of 1977, the offences punishable under the High Treason (Punishment) Act, 1973, were included in the ambit of the Army Act. However, the court in its order passed on Friday, said that the Pakistan Army (Amendment) act of 1977 stand repealed by virtue of the Federal Law (revision and declaration) Ordinance, with effect from July 1981 and the accused on his retirement in 2007, is no more subject to the Army Act. Under section 2 (2) of the Army Act, a person who had retired would be subject to the act if his trial for any offence that he committed while in service, had begun within six months of ceasing to be in service, which is not the case here.