Musharraf says the judgement contains anomalies and contradictory statements while Para 66 is against the Constitution of Pakistan.
LAHORE: (Urdu Point/Pakistan Point News-Dec 27th, 2019) Former military ruler General (retd) Pervez Musharraf on Friday challenged Special Court’s verdict against him over charges of high treason by abrogating the Constitution and imposing emergency in Nov 3, 2007.
Pervez Musharraf filed the petition through Advocate Azhar Siddique and challenged the verdict, saying that it was mix of anomalies and contradictory statements and is against the spirit of the law. The former General, who is currently in UAE for his medical treatment for last three years, said that the decision was given hurriedly by the Special court.
In an historic decision, a three-member Special Court headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court and Justice Shahid Karim of Lahore High Court sentenced former military ruler Gen (retd) Pervez Musharraf to death on five counts for committing high treason and imposing emergency in Nov 3, 2007.
The special court also said that Pervez Musharraf’s corpse be brought to D-Chowk and be hanged there for at least three days for committing high treason and abrogating Constitution of Pakistan.
“ The special court announced an award of capital punishment to the applicant without examining the accused under Section 342 of the Criminal Procedure Code (power to examine the accused). The importance of examining the accused in a criminal trial is enormous and any lapse, failure or omission to fulfill this requirement adversely affects the prosecution case,” the petition moved by former military general said.
He said: “ A criminal trial cannot simply be complete without adhering to this mandatory legal requirements,”.
The three-member bench headed by Chief Justice Waqar Ahmad Seth and comprising SHC Justice Nazar Akbar and LHC Justice Shahid Karim announced the remarkable judgment with split of 2 to 1. The special court declared former army ruler Pervez Musharraf as traitor for abrogating the Constitution of Pakistan on Nov 3, 2007.
It is first time in the country’s history that any military dictator has been announced death sentence. The special bench constituted for hearing of high treason case against Pervez Musharraf had been hearing the high treason case against him for almost seven years.
Pervez Musharraf who is currently in the United Arab Emirates was allowed to travel abroad for his treatment on March 18, 2018.
“I am going abroad for treatment but will return to face the cases against me,” a party spokesman in Karachi quoted him as saying. “I am a commando. I love my motherland.”
“Six to eight weeks are required for the treatment and then he would go back home,” said Dr Amjad Malik, a spokesman for Musharraf’s All Pakistan Muslim League party in Dubai.
Musharraf was banned from leaving Pakistan in March 2013 after he returned to the country on an ill-fated mission to contest elections. The former ruler was barred from taking part in the polls and instead faces a barrage of legal cases.
Former Military dictator Pervez Musharraf abrogated the Constitution of Pakistan on Nov 3, 2007, removed judges of the superior courts and put them behind the bars. Pervez Musharraf imposed martial law in 1999 and imposed emergency 2007.
The special court announced its brief decision under Article 6 of the Constitution while the detailed judgment would be announced later within 48 hours.
The high treason case against former military ruler Musharraf has been pending since Dec 13, 2013.
He was booked in high treason case in Dec 2013, indicted on March 31, 2014 and the prosecution produced the complete evidence against him before the special court in Sept the same year.
The legal fraternity, as a whole, has appreciated the decision of the Special Court for announcing death sentence to a former military ruler for abrogating the Constitution of Pakistan. Aitzaz Ahsan, the top lawyer of the country, called it an historic decision and endorsed it saying that Musharraf broke the Constitution consecutively for two times.
