The High Treason (Punishment) Act of 1973 is a major hurdle for a private citizen or a political party to file a case against former president General Pervez Musharraf (Retd) under Article 6 of the Constitution, constitutional experts told Business Recorder on Saturday.
They said that according to this act, only the Federal government could authorise an officer to file a case against a person (dictator), who abrogated or subverted the Constitution. They said that parliament could remove this obstacle for a common citizen or political party by repealing this act. Former justice Wajihuddin Ahmed told Business Recorder that Musharraf had admitted himself that he violated the Constitution by imposing emergency on November 3, 2007.
He said that Musharraf suspended the Constitution and placed as many as 60 judges under house arrest. "The punishment of any person under Article 6 could be death or life term. The threat of Article 6 was removed by the High Treason Act," he said. Article 6 says, "Any person, who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.
"Any person, aiding or abetting the acts mentioned in clause (1) shall likewise be guilty of high treason. Majlis-e-Shoora (Parliament) shall, by law, provide for the punishment of persons found guilty of high treason." Wajihuddin Ahmed said that parliament could repeal the High Treason Act.
It was because of this act that the Supreme Court returned, with irremovable objections, a petition filed by Pakistan Muslim League (Nawaz) Vice-President Zafar Ali Shah, seeking initiation of proceedings against Musharraf for treason. He said that the present government should carry out Musharraf's trial and the Federal government should take the necessary steps towards this end.
When Business Recorder contacted Supreme Court Bar Association (SCBA) President Ali Ahmed Kurd, he said that he would not give any comment. He said that he stopped issuing political statements against Musharraf after his resignation. Advocate Akram Chaudhry said that only the Federal government could try Musharraf under Article 6. He said that such a trial could not be initiated by a private citizen under the High Treason Act. He said that parliament could enact legislation to abolish this act.
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