Explanation

The Lahore High Court (LHC) on Monday 13 January 2020 declared unconstitutional all actions taken by the previous government against former military ruler Pervez Musharraf, including the filing of a complaint on high treason charge and the formation of a special court as well as its proceedings, leading to the abolition of the death penalty handed down to him by the trial court on Dec 17. A three-judge full bench also set aside Section 9 of “Criminal Law Amendment (Special Court) Act, 1976” for being violative to fundamental rights and ruled against retrospective effect given to an amendment in Article 6 of the Constitution, which deals with high treason, to try retired Gen Musharraf for an offence that was not an offence on the date of its occurrence. The section puts restriction on adjournments and allows the special court to proceed with the trial ‘even in the absence of any accused’ after taking necessary steps to appoint an advocate to defend the accused.