Musharraf sentenced to death

A Special Court on Tuesday with 2:1 handed down death sentence to former army chief General Pervez Musharraf (retd) in the high treason case under Article 6 of the Constitution. The appeal against the final judgment of the Special Court will lie before the Supreme Court under Criminal Law Amendment (Special Court) Act, 1976. The Section 12(3) says; "Any party aggrieved by the final judgment of the Special Court may prefer an appeal to the Supreme Court within thirty days of the passing of the judgment."

This is the first time in the history of the country that a former military ruler has been declared guilty of high treason and handed down death sentence.

A three-judge Special Court presided over by Chief Justice of the Peshawar High Court (PHC) Waqar Ahmed Seth, Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC) heard the arguments of the defense and the newly appointed prosecution team and then reserved its judgment, which was announced after 45 minutes.

Six judges including Justice Faisal Arab, Justice Mazhar Alam Miankhel, Justice Yahya Afridi, Justice Yawar Ali, Justice Tahira Safdar, and finally Justice Waqar Ahmed Seth headed the Special Court at different stages.

The short order of the bench said: "We have found guilty of him under Article 6 of the Constitution and therefore awarded death sentence." The detailed judgement is likely to be issued within next two days. The Article 6 says; "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."

Former President Musharraf is accused of suspending and abrogating constitution on 3rd November 2007, and promulgating emergency and Provisional Constitution Order (PCO) in the country.

The then Pakistan Muslim League-Nawaz government led by Nawaz Sharif lodged the complaint against ex-COAS on December 13, 2013. The charges of high treasons against him were framed on 31st March 2014. The case had been pending before the Special Court since March 2016 as the prosecution has completed its case by producing all the witnesses and the submitting material related to imposition of emergency in the country and promulgation of Provisional Constitutional Order (PCO) on 3rd November, 2007.

The Special Court on November 19, 2019 had reserved the judgment which had to be announced on November 28. The Islamabad High Court on November 27 restrained the Special Court from delivering the verdict.

During the course of proceedings, newly-appointed prosecution team, headed by Advocate Ali Zia Bajwa, apprised the court that it had three applications and requested the court to amend the indictment against former army chief. He contended that the federal government wanted to frame charges against former Prime Minister Shaukat Aziz, Abdul Hamid Dogar, ex-Chief Justice of Pakistan, and Zahid Hamid, former law minister. He argued it is imperative for all accused to be tried simultaneously. The aiders and abettors should be tried as well.

Justice Waqar said that the Supreme Court had already decided regarding the matter and they had given two weeks to the government to file a new charge sheet. On December 5, Prosecutor Advocate Ali Zia Bajwa had sought a "reasonable amount of time" to prepare arguments. He was given time until December 17.

A second prosecutor, Munir Bhatti, said the former prosecutor had hidden facts from the court. In October, the Special Court was informed that the government had sacked the entire prosecution team engaged by the previous PML-N government to prosecute the high treason case against Musharraf. "What action has the government taken against the former prosecutor?" asked Justice Nazar.

Justice Karim remarked whether the government is using delaying tactics in the treason case against Musharraf. He said the government should file a new complaint if it wanted to add additional names to the high treason trial.

Justice Waqar told the prosecutor to argue the case. At that time the prosecutor general requested more time to submit a formal charge sheet. Upon that Justice Waqar said: "If you cannot present arguments then leave the rostrum." The judge said they are only bound by the judgments of the apex court and not of the high courts.

Raza Bashir, who was appointed by Special Court to defend Musharraf, also sought 15 to 20 days for recording the statement of ex-COAS under Section 342 of the Criminal Procedure Code (CrPc). "Musharraf deserves a right to fair trial," he argued.

Justice Nazar stated that they have provided six opportunities to the former army chief to record a statement, but he failed to appear, adding the Special Court had allowed Musharraf to appear before the bench on his convenience as well.

"Musharraf deserves a right to defend himself," reiterated Bashir. "The prosecution team and his counsel are both already defending him before the bench," observed Justice Nazar.

The federal government through secretary interior had filed the petition under Article 199 of Constitution before Islamabad High Court to set aside the Special Court order dated November 19, 2019. The petitioner stated that the Special Court's decision to reserve its verdict in the case is in violation of the Constitution because it was issued without giving the ministry the opportunity to notify a new prosecution team in the case and because the judgment is set to be passed without hearing the prosecution during the trial.

The former military chief is currently in Dubai, the United Arab Emirates. He was admitted to a hospital following deterioration of his health earlier this month. In a video statement from his hospital bed, he called the treason case "absolutely baseless". "I have served my country for 10 years. I have fought for my country. This [treason] is the case in which I have not been heard and I have been victimized," he had stated.

The high treason trial of the former military dictator for imposing the state of emergency on November 3, 2007, had been pending since December 2013. Musharraf came to power after ousting then-Prime Minister Nawaz Sharif in a 1999 bloodless coup. In an infamous purge in 2007, Musharraf imposed a state of emergency and placed several key judges under house arrest in Islamabad and elsewhere in Pakistan.

He was charged under high treason charges in December 2013, when the PML-N government under Nawaz returned to power. Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the Special Court in September the same year. He left Pakistan in March 2016 to seek medical treatment, promising to come back to his "beloved homeland" in a few weeks.