Musharraf be hanged till death on each count as per charge: detailed verdict
Musharraf treason case: Special court issues detailed verdict.
ISLAMABAD (Dunya News) – The special court on Thursday has issued the detailed verdict of high treason case against former president and General (retd) Pervez Musharraf.
The registrar office of special court has handed over the copies of verdict, consisting 169 pages, to Pervez Musharraf’s lawyers and other parties in the case.
Justice Nazar Akbar opposed the verdict of sentencing Pervez Musharraf to death and cleared him of the accusations while Justice Waqar Seth and Justice Shahid Karim handed him the death penalty. The detailed verdict has been termed as first of its kind.
“We are of the considered view that the accused in this High Treason case has been afforded more than his due share of fair trial. The protected trial of a constitutional and not any ordinary offence that began six years ago in 2013, has yet to see its end in 2019. The accused, who has been given every opportunity to defend himself, has by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country. The facts of this case are well documented. The documents clearly demonstrate the guilt on the part of the accused. It proves beyond a shadow of reasonable doubt all the charges of High Treason leveled against accused by the State.
"It is patent by the act and conduct of the accused facing trial, that he has persistently and stubbornly strived ever since the commencement of this trial, to delay, retract and in fact evade it. It has been his plea throughout that either on account of ill health or for security hazards he could not reach up to this Court to face trial.
“As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be therefore hanged by his neck till he dies on each count as per charge.
“We direct the Law Enforcement Agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days.”
Dissenting note
"I have respectfully gone through the proposed judgement authored by my brother Waqas Ahmad Seth J [...] with my humble comprehension of law and justice, I happened to dissent with majority view of my learned brothers," said Justice Akbar in his dissenting note.
"In the offence under Article 6 of the Constitution, the charging word is high treason , therefore, without properly appreciating what does it mean, this court cannot pass a just and fair verdict."
"But for this reason, both the learned counsel for the prosecution and my learned brothers have referred to the definition of high treason by relying on the meaning of high treason given in the Oxford Dictionary (Tenth Edition)."
Read detailed verdict
Special court sentences Pervez Musharraf to death in high treason case
On Dec 17, special court in Islamabad had sentenced former president and top military official Pervez Musharraf to death in high treason case.
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) has announced the verdict that was reserved on December 5.
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.
Pak Army expresses pain, anguish on special court verdict
Director General (DG) Inter-Services Public Relations (ISPR) Major General Asif Ghafoor on Tuesday said that the special court verdict in the Pervez Musharraf treason case has been received with “a lot 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.
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.
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.
