In a recent case verdict, the Supreme Court of Islamabad has emphasized that judges are not akin to monarchs with unlimited powers, but rather they operate within the confines of the law. This detailed decision comes in response to an appeal contesting the annulment of the special court set up against the late former President Pervez Musharraf.
Justice Mansoor Ali Shah, in authoring the comprehensive judgment, declared the Lahore High Court’s decision to invalidate the special court targeting Musharraf as unconstitutional. The Supreme Court criticized the Lahore High Court, asserting that its action undermined the integrity of the judicial system as a whole.
The judgment clarified that the ruling in the Mustafa Emket case does not apply to the special court, highlighting that under Article 9 of the Special Court provisions, the accused can be tried in absentia. Additionally, the High Court granted Musharraf relief that he had not even sought.
The Supreme Court further asserted that appeals against decisions of the special court should be exclusively directed to the Supreme Court itself, noting that Musharraf’s trial had already been referred to the Supreme Court twice.
Emphasizing the role of judges as custodians of the law, the judgment stressed that they must adhere to established legal principles rather than exercising unfettered discretion. The Lahore High Court’s rationale that it could hear the case since Musharraf issued the PCOGHQ from Rawalpindi was rejected by the Supreme Court, which deemed the PCO unconstitutional. The complaint of treason against Musharraf was originally filed in Islamabad.