Special court orders Musharraf’s death sentence. The special court hearing the high treason case against General (retd) Pervez Musharraf sentenced the ex-military dictator to death in an unprecedented judgment in the history of the nation.
Musharraf was on trial for high treason for enforcing a state of emergency in 2007, and a special court was set up to try Musharraf for violating the Constitution by then Prime Minister Nawaz Sharif.
The decision was divided 2-1 and will be released in the next two days with the full judgment. At present, the former military leader is living and being handled in Dubai.
“Pervez Musharraf was found guilty of Article 6 in breach of Pakistan’s constitution,” said Salman Nadeem, government law officer.
“Any person who, by force or force, or by any other unconstitutional means, abrogates or subverts or suspends or holds in abeyance the Constitution or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution shall be guilty of high treason.”
The case was heard by a three-member special court comprising Peshawar High Court Chief Justice (PHC) Waqar Seth, Sindh High Court Justice Nazar Akbar (SHC) and Lahore High Court Justice Shahid Karim (LHC).
Earlier in the trial, the prosecution team headed by Advocate Ali Zia Bajwa, on behalf of the Pakistan Tehreek-e-Insaf (PTI) government, appealed to the court to amend the charges against the former military ruler.
Bajwa said the government wants to bring charges against Shaukat Aziz, Abdul Hamid Dogar, and Zahid Hamid, former prime minister.
“All accused must be tried at the same time. Helpers and abettors should also be tried. “
The bench noted that the Supreme Court had already decided on the matter and gave two weeks to submit a new charge sheet to the government.
In the territorial case against Musharraf, Justice Karim also questioned whether the government was using delaying tactics. He said that if it wanted to add additional names in the high treason case, the government would file a new lawsuit.
When the prosecutor was ordered by Justice Waqar to present his claims in the case, Bajwa made a formal request for further time. “If you can’t argue, then quit the table,” an irked Waqar judge said.
Once, the bench observed that the special court was bound only to obey the judgments of the apex court and not the judgments of high courts.
During the hearing, Musharraf’s lawyer, Raza Bashir, also requested a claim under Section 342 of the Code of Criminal Procedure (CrPc) for his client for 15 to 20 days. “Musharraf deserves the right to be prosecuted equally,” he said.
Justice Akbar noted that six opportunities for recording a statement had been given to the former chief of the army, but he failed to appear.
Justice Waqar added that Musharraf had also been allowed to appear at his convenience before the bench by the special court.
“Musharraf is deserving of the right to defend himself,” Bashir reiterated. “Before the court, both the prosecution team and his lawyer are defending him,” Justice Akbar observed.
The special court will review the petition that a commission is formed on the matter of recording the claim of Musharraf under Section 342.
Upon hearing arguments from the newly appointed prosecution team, the court is expected to announce a verdict today. On November 19, the decision was reserved and was originally set for an announcement on November 28.
The PTI state, however, filed a petition in the Islamabad High Court (IHC), through the office of the Ministry of the Interior via the Attorney General for Pakistan, seeking to bar the special court “from the final judgment.”
The IHC bench prevented the special court from delivering the verdict and ordered the government by December 5 to appoint a new prosecution team.
It can be noted here that in October the government dismissed the entire prosecution team, recruited by the Pakistan Muslim League-Nawaz’s previous government.
Prosecutor Ali Zia Bajwa had been searching for a “reasonable amount of time” to prepare arguments on December 5. He was granted until the 17th of December.
In 2013, the PML-N government filed the high treason lawsuit against the former president for the clamping of the state of emergency on November 3, 2007. In the high treason case in December 2013, Musharraf was booked and charged on March 31, 2014.
Because of litigation at appeal forums, the trial was postponed and in March 2016, both the courts and the interior ministry permitted the former chief of the army to leave Pakistan. News report on Special court orders Musharraf’s death sentence.