Special court sentences Pervez Musharraf to death

Islamabad: Special court in Islamabad on Tuesday has sentenced former president and top military official Pervez Musharraf to death in high treason case.

According to details, 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 and a detailed verdict will be issued in 48 hours.

Later, Defence lawyer said that Pervez Musharraf, who is currently residing in Dubai, has been informed about the decision and that he will challenge the special court’s judgment.

Earlier today, the incumbent government of Pakistan Tehreek-e-Insaf (PTI) filed a plea in special court requesting to name more accused in high-level treason case.

The prosecutor lawyer said that the government party wants to nominate former prime minister Shaukat Aziz, Abdul Majeed Dogar, Zahid Hamid and ex-president Pervez Musharraf’s companions in the case.

Justice Shahid Kareem remarked that the court was due to record final arguments in the case today but new pleas are being submitted.

Meanwhile, Justice Nazar Akbar asked about the evidence against those named by the government as accused over which, the prosecutor said that investigation would be launched after filing of the petition.

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.