A three-member Special Court, headed by Justice Faisal Arab, had on February 21 rejected a plea by 70-year-old Musharraf to transfer his case of imposing emergency in the country in 2007 to the military court.
The court had dismissed the petition saying it has the mandate to try him.
In the petition filed yesterday, the former President contended when the offence was committed by the petitioner, he was in services of Pakistan Army and the same being "civil offence" rendered it triable under the Army Act 1952.
"Even when an army man retires, he can be called back not only in active service but made to undergo trial under the Army Act 1952 by operation of Section 7 of the Army Act read with the notification issued thereto," he maintained.
The petition said that due to certain reasons, Musharraf had to impose emergency on November 3, 2007, and that after holding elections and handing over power to the newly-elected government, he resigned from the post of the President of Pakistan on August 18, 2008.
According to the petition, the decision of November 3, 2007, had been taken by the government of the day.
The petition requested the court to set aside the order of the Special Court and direct the federal government to transfer the case to the military court.
Musharraf is facing treason charges for suspending and abrogating the constitution and imposing emergency.
This is the first time in Pakistan's history that a former military ruler has been put on trial for treason. If convicted, Musharraf could get life imprisonment or death penalty.