ISLAMABAD: The Islamabad High Court (IHC) on Tuesday stopped proceedings in the high treason case till the maintainability of appeals filed against the special court order to include former president Pervez Musharraf`s abettors in the case is decided.

Justice Athar Minallah issued the restraining order with the consensus of the counsel for the federal government, Gen Musharraf, former prime minister Shaukat Aziz, ex-federal minister Zahid Hamid and former chief justice of Pakistan Abdul Hameed Dogar.

On November 21, the special court directed the federal government to include the former prime minister along with Zahid Hamid and retired Justice Dogar in the treason case as abettors of the former military ruler. The three, however, filed appeals with the IHC against the order.

The IHC had earlier directed Attorney General of Pakistan (AGP) Salman Aslam Butt to assist it on the maintainability of the appeals.On Tuesday, when Justice Minallah resumed the hearing of the appeals, the AGP did not appear before the court.

During the proceedings, If tikhar Gillani, the counsel for Justice Dogar, argued that the IHC might take up the appeals by setting aside the special court`s order.

Quoting previous references, advocate Gillani said during the hearing of a petition filed by Justice Iftikhar Mohammad Chaudhry against his sacking in 2007, a Supreme Court bench had restrained proceedings on a reference filed with the Supreme Judicial Council (SJC) against Justice Chaudhry before deciding its maintainability.

He said in the corruption references filed against political leaders, including Nawaz Sharif and Benazir Bhutto, the high courts had also restrained the proceedings of the accountability courts.

He said the high courts had also passed restraining orders against election tribunals. Advocate Gillani said the special court had ordered the inclusion of Justice Dogar in the treason case even without providing him an opportunity of defence,adding the offence in which Justice Dogar was being associated was punishable with death.

Barrister Wasim Sajjad, the counsel for former premier Aziz, told the court that before filing the petition with the IHC, he approached the Supreme Court but was told to contact the high court.

`Here, the registrar office also raised an objection on the petition.

We don`t know where to go to redress our grievances,` he added.

Farogh Nasim, the counsel for Gen Musharraf, requested the court to do something as the `sword is continuously hanging over his client`.

As the AGP did not appear before the court, deputy attorney general Malik Faisal Rafique did not oppose the issuance of a stay order against the special court`s proceedings.

In his order, Justice Minallah wrote that the restraining order was being issued with the consent of all stakeholders. The court will take up the matter on February 3.

It may be mentioned that the special court was scheduled to resume the proceedings of the treason case on January 8.