SC’s 3-member bench to hear Musharraf treason petitions

Saturday, April 20th, 2013 12:38:21 by

The Supreme Court has constituted a three-member bench to hear on Monday petitions seeking directions for initiating high treason proceedings against former President. Pervez Musharraf.

 

A Supreme Court’s statement said on Saturday that Mr. Justice Jawwad S. Khawaja will head the bench and will be comprising two other members,  Mr. Justice Khilji Arif Hussain and Mr. Justice Ejaz Afzal Khan.

 

Sardar Muhammad Siddique Khan, AOR for Gen. Retd. Pervez Musharraf had filed an application for constitution of the Full Court / Larger Bench, praying that the Chief Justice of Pakistan to consider important aspects of the matter and may either constitute Full Court or a larger Bench to hear and decide the aforementioned petitions.

 

Having considered the application, the Chief Justice passed the following order:-

 

“This application has been moved on behalf of Raja Muhammad Ibrahim Satti, learned counsel for respondent No.4 in Civil Petition No.2255 of 2010 arising out of a judgment dated 14.10.2010 passed by two learned Judges of High Court of Sindh, whereby petition under Article 199 of the Constitution filed by the petitioner has been dismissed.

 

Under Order XI of the Supreme Court Rules, 1980 petitions for leave to appeal ordinarily are to be heard and disposed of by a Bench of two Judges but the Chief Justice, in a fit case, can constitute a Bench consisting not less than three Judges.

 

There are also other petitions, filed under Article 184(3) of the Constitution, which shall also be heard and disposed of by a Bench consisting of not less than two Judges under Order XXV Rule 2 of the Supreme Court Rules.

 

On having taken into consideration discreetly the contents of the application and for the reason that two kinds of jurisdictions of this Court have been invoked, therefore, in the interest of justice, a 3-Member Bench comprising Hon’ble Mr. Justice Jawwad S. Khawaja, Mr. Justice Khilji Arif Hussain and Mr. Justice Ejaz Afzal Khan is constituted for disposal of the cases referred to hereinabove.

 

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