Death sentence: Supreme Court admits Musharraf's appeal for hearing
Pakistan
Gen Musharraf had appealed against the death sentence handed him down by a special court
ISLAMABAD (Dunya News) – The Supreme Court of Pakistan on Friday admitted the appeal against the conviction of former president Pervez Musharraf in a high treason case for hearing.
A four-member larger bench headed by Chief Justice Qazi Faez Isa and including Justice Mansoor Ali Shah, Justice Aminuddin and Justice Athar Minallah heard the case.
At the outset of the hearing, Chief Justice Qazi Faez Isa wondered why cases of 2019 were not fixed for hearing.
Regarding formation of the four-member bench which is hearing the appeal, CJP Isa said Justice Mansoor Ali Shah was included in the panel because he had been part of the former bench.
The counsel for former president, Salman Safdar, said after amendments to criminal laws, an appeal against the decision of special court could be filed in the apex court.
He said the decision announced by the special court was not unanimous. The ex-president was convicted in his absence.
The CJP asked him why the appeal was not allotted a number. Safdar replied that the Registrar’s Office objected that unless a convict surrenders, his appeal cannot be entertained. Later, during in-chamber hearing, the court ordered to fix the case for hearing in open court, he added.
Replying to Chief Justice Isa’s question that after in-chamber hearing when the appeal was fixed for hearing, Safdar said it was set for today.
He said he could not explain why the appeal was fixed for hearing so late.
The chief justice said if it was court’s fault, mention it courageously, “you are a senior lawyer.”
Safdar said it's a fundamental right of a convict that his appeal be heard before sending him to gallows. “I requested during the in-chamber hearing to fix the appeal before open court.”
Later, the court admitted the appeal for hearing.
THE CASE
Gen Musharraf had appealed against the death sentence handed him down by a special court.
In January 2020, a three-member bench of the Lahore High Court had declared the special court unconstitutional. After the LHC verdict, Gen Musharraf challenged special court’s decision.
In December 2019, the special court sentenced him to death after finding him guilty of high treason for subverting the constitution in 2007. Gen Musharraf took power in a 1999 coup.
The court directed law enforcers to apprehend Musharraf, who was under medical treatment in Dubai at that time, to ensure the death sentence is carried out.
The three-judge panel ruled that the corpse of Musharraf should hang for three days if the general dies before his execution.
It may be recalled that in November 2007, Musharraf suspended the constitution and imposed emergency rule, prompting protests. He resigned in 2008 to avoid the threat of impeachment. When Nawaz Sharif, whom Musharraf deposed in 1999, was re-elected prime minister in 2013, he initiated a treason trial against Musharraf and in 2014 he was charged with high treason.
