SHC notices DAG, AAG to argue maintainability of petition

KARACHI: The Sindh High Court (SHC) Tuesday issued notice to Sindh Deputy Attorney General (DAG), Additional Advocate General (AAG) and petitioner to argue on maintainability of a petition seeking trial of former president Pervez Musharraf.A division bench, headed by Justice Gulzar Ahmed was hearing the petition filed by Rah-e-Raast Trust Chairman Agha Syed Attaullah Shah. He approached the court to seek action against Gen (r) Musharraf for allegedly abrogating the constitution on Nov 7, 2009.He impleaded the Interior Ministry and Federal Investigation Agency (FIA) director general as respondents. He stated that the Interior Ministry and FIA were not taking action against Musharraf, who committed high treason by proclaiming emergency on Nov 3, 2007 being the then Chief of Army Staff and suspended the constitution. He prayed to the court to direct respondents to take action against him.On Monday, the SHC division bench said in its order: “It seems a full court of Supreme Court (SC) has already passed a judgement upon action of Nov 3, 2007 – imposition of emergency and putting constitution in abeyance. Such a judgement is reported in PLD 2009 Supreme Course 8791 (Sindh High Court Bar Association v/s Federation of Pakistan). In view of judgement of the SC on issue of Nov 3, 2007 whether this constitutional petition is maintainable before this court, the same needs to be addressed by counsels. The petitioner himself is an advocate so DAG and AAG are directed to come prepared on such a point with case law.” Hearing was adjourned until March 8, 2011 – Dailytimes