Pak Army expresses pain, anguish on special court verdict in Musharraf treason case

Pak army issued statement on special court verdict against Gen (r) Pervez Musharraf

RAWALPINDI (Dunya News) – Inter-Services Public Relations (ISPR) Director General Major General Asif Ghafoor on Tuesday said that the special court verdict in the Pervez Musharraf treason case has been received with “alot of pain and anguish within the rank and file of Pakistan armed forces”.

The statement comes after sources said a meeting of the top military leadership was underway at the General Headquarters in Rawalpindi in the wake of the judgement.  

Statement on decision by Special court about General Pervez Musharraf, Retired. pic.twitter.com/C9UAMT1E4W

— DG ISPR (@OfficialDGISPR) December 17, 2019

The DG ISPR statement said that an ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over 40 years, fought wars for the defense of the country can surely never be a traitor.

Read also: Special court sentences Pervez Musharraf to death in high treason case

"The due legal process seems to have been ignored including constitution of special court, denial of fundamental right of self defence, undertaking individual specific proceedings and concluding the case in haste," the statement said.

"Armed Forces of Pakistan expect that justice will be dispensed in line with Constitution of Islamic Republic of Pakistan," DG ISPR added.

Earlier today, a special court in Islamabad had sentenced former president and top military official Pervez Musharraf to death in high treason case.

The verdict that was reserved on December 5 was announced by a three-member bench comprising Chief Justice of Peshawar High Court (PHC) Waqar Seth, Justice Nazar Akbar of Sindh High Court (SHC) and Justice Shahid Karim of Lahore High Court (LHC).

During the hearing, Justice Seth said that ex-president has been found guilty of violating the Article 6 of the Constitution by clamping the state of emergency on November 3, 2007.

According to the High Treason (Punishment) Act, 1973, “any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.” The sentence for high treason is death or lifetime imprisonment.

The verdict was split 2-1 and a detailed verdict will be issued in 48 hours.  

The trial -- which began in 2013 and is one of several involving Musharraf -- centred on his decision to suspend the constitution and impose emergency rule in 2007, according to his lawyer Akhtar Shah. 

The move sparked widespread protests against Musharraf, ultimately leading to his resignation in the face of impeachment proceedings.

Musharraf s lawyer said the former general was currently ill and remained in Dubai. He said no decision had been made on whether to appeal.

The court ruling comes more than a week after Musharraf slammed the ongoing treason case against him in a video message showing the former general in a hospital bed appearing ill, while complaining of dizziness and blackouts.

"I think this case is baseless, they are not listening to me and they are not listening to my lawyer... it is a big injustice," said Musharraf.

Treason case: Timeline

The ex-president is facing treason trial under Article 6 of the Constitution as well as Section 2 of the High Treason Act for imposing emergency in the country on November 3, 2007 that also resulted in the suspension of 61 judges of the superior judiciary, including then Chief Justice Iftikhar Mohammad Chaudhry.

On November 29, 2007, retired general Pervez Musharraf took oath as a civilian president and lifted the emergency, revoked the Provisional Constitutional Order (PCO) and restored a Constitution amended on November 15, 2007.

On August 18, 2008, Pervez Musharraf resigned as president after a nine-year rule in the country. On July 22, 2009, Supreme Court had summoned him to defend his action regarding emergence while on July 31, 2009, the apex court had declared Musharraf‘s decision to impose an emergency and PCO as illegal and unconstitutional.

The ex-president refused to respond to the court and departed for United Kingdom after which, his companions launched a political party "All Pakistan Muslim League (APML)" and made him its chairman.

On March 23, 2013, Musharraf returned Pakistan on pre-homecoming protective bail for 10 days to participate in the general elections.

On April 8, 2013, SC had summoned ex-military ruler in the treason case and directed the interior ministry to include his name in the Exit Control List (ECL). On November 18, 2013, then Chief Justice of Pakistan Iftikhar Chaudhry had established special court for the trial of Musharraf. However, on December 12, 2013, the tribunal called him for proceedings of treason case.

On March 30, 2014, the special court had indicted former president but on March 18, 2016, he left for Dubai to “seek medical treatment”. On May 11, 2016, special court had declared Musharraf an absconder as he did not return after getting bail in the treason case.

On June 7, 2018, SC had allowed Musharraf to contest elections on the condition to appear before the court but on August 29, 2018, the special court was told that Interpol had refused to issue red warrants for ex-president’s repatriation from UAE.

On October 8, 2019, special court had decided to hear the case on the daily basis.

On November 19, 2019, the court had concluded the case and reserved the verdict for announcement on November 28 but on November 23, 2019, Musharraf challenged special court‘s move in Lahore High Court while a plea from interior ministry was also filed in Islamabad High Court (IHC).

Chief Justice Athar Manallah stated that there were unique, unusual and unprecedented circumstances in the case.

Moreover, the special court said that it will announce the verdict of high treason case against Pervez Musharraf on December 17.

Key Dates

Here are key dates for Gen (r) Pervez Musharraf, who held power for nine years and was on Tuesday sentenced to death for treason.

August 11, 1943: Born in Old Delhi, British India, his family moving to Pakistan after independence.

1964: Joins an artillery regiment after graduating from a military academy.

October 1998: Appointed army chief of staff by Prime Minister Nawaz Sharif.

October 1999: Comes to power a bloodless military coup launched after Sharif, who had fired him, tries to prevent his plane from landing when it was dangerously low on fuel.

April 2002: Nearly a year after declaring himself president, he wins a much-criticised referendum allowing him to stay on for five more years.

October 2007: Wins presidential elections boycotted by almost the entire opposition.

November 2007: Declares a state of emergency and suspends the constitution, citing a surge in Islamist attacks and interference by the judiciary in running the country. It sparks widespread protests and is repealed nearly six weeks later.

August 2008: Resigns in the face of impeachment proceedings by the new governing coalition. Goes into exile in London and Dubai.

March 2013: Returns to Pakistan intending to run in presidential elections but is barred from the polls and from leaving the country.

August 2013: Formally charged with three counts over the 2007 killing of his political rival, Benazir Bhutto.

December 2019: Sentenced to death in absentia for treason related to his 2007 imposition of emergency rule.