ISLAMABAD -  General (retd) Pervez Musharraf’s wife and daughter challenged attachments of their properties and bank accounts in Special Court, which is hearing the high treason case against former army chief.

Musharraf’s wife Sehba Musharraf and daughter Ayla Raza and children of Sehba Musharraf’s late sister Huma Khaishgi, on Wednesday filed objections through advocate Faisal Chaudhry against the attachment of their properties as a result of Special Court order dated 19-07-2016.

Farm House in Chak Shahzad, Islamabad, Plot No.1 DHA Phase-II, Islamabad, Plot No.172, Khayaban-e-Faisal, Phase-VIII, DHA, Karachi and Plot No.301, Beach Street No.1, Phase-VIII, DHA, Karachi and the bank accounts were attached as per the Special Court order. The court, however, in its order had stated that if any family member of Musharraf has any objection then he or she may approach the Special Court.

A three-member bench of the Special Court headed by Justice Yahya Afridi and comprising Justice Tahira Safdar and Justice Yawar Ali would take up this application on March 11, the sources said.

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Justice Yahya has replaced Justice Mazhar Alam Miankhel as he has been elevated to Supreme Court.

Sehba Musharraf stated that Farm House in Chak Shahzad was gifted to her vide Oral Declaration of Gift executed by General Pervez Musharraf on 12-03-2008. She informed that Plot 172 in Khayaban-e-Faisal, DHA, Karachi was in the joint ownership of General (retd) Musharraf and Mrs Huma Khaishgi, deceased sister of Sehba Musharraf. Vide Declaration of Oral Gift dated 13-03-2009 Musharraf has gifted his share to his wife Sehba and daughter Ayla in equal shares.

The former Chief of Army Staff also gifted Plot No.1 in DHA, Islamabad and Plot No.301 in DHA, Karachi to his wife and daughter in equal shares through Declaration of Oral Gift dated 13-03-2009. Plot No.6, Army Housing Scheme, Part II, Clifton, Karachi has already been duly transferred and mutated in the name of Ayla Raza.

Regarding bank accounts, she submitted that in these accounts Pervez Musharraf’s pension, as former Chief of Army Staff and ex-President of Pakistan, respectively is received. Faisal Chaudhry, the counsel, contended that in terms of Section 11 of the Pensions Act, 1871, the pension is not liable to be seized or attached by any process or order of the court. Any attempt to attach Musharraf’s pension would be against the fundamental rights guaranteed under the Constitution.

He submitted that Musharraf is above 60 years of age, therefore, none of his properties, whether moveable or immoveable, are liable to be attached or sold away since his legal heirs, particularly his daughter Ayla Raza and son Bilal Musharraf have legal right to inherit his properties.

Right of inheritance, found in Quranic laws, cannot be defeated by any provision made in the Anglo Saxon laws such as the CrPC.

He said it is submitted that the Pervez Musharraf Trust is registered in the UK, and is an entity in law which is separate from the individual. On this score alone, the attachment order, if any in relation to the bank account of the Pervez Musharraf Trust may be lifted.

Faisal submitted that Pervez Musharraf left the country on medical grounds and as soon as his medical treatment is completed he will return back to the country. Accordingly, he said General (R) Pervez Musharraf may not be treated as an absconder and the entire proceedings against him in this regard may kindly be recalled.