A special court in Islamabad on Tuesday found former military ruler Gen (r) Pervez Musharraf guilty of high treason and handed him death penalty under Article 6 of the constitution.
A three-member bench of the special court headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the LHC announced the verdict in the long-drawn high treason case against Musharraf after hearing final arguments on Tuesday. The verdict was split 2-1, as SHC’s Justice Akbar dissented from the verdict. A detailed verdict will be issued within two days.
“Pervez Musharraf has been found guilty of Article 6 for violation of the constitution of Pakistan,” government law officer Salman Nadeem said.
As the hearing started, government’s prosecutor Advocate Ali Zia Bajwa said that they have submitted three petitions. One of the petitions asked that the court make three individuals – former prime minister Shaukat Aziz, former Supreme Court chief justice Abdul Hameed Dogar and former law minister Zahid Hamid – suspects in the case. “We want to make Musharraf’s facilitators and companions suspects as well. It is important that the trial of all suspects is held at the same time,” the prosecutor said.
“Submitting such a request after three and a half years means the government doesn’t have the right intentions. Today the case is set for final arguments and now new petitions have been submitted,” remarked Justice Karim.
Justice Akbar questioned the lawyer regarding the evidence against the individuals that the government wants to include in the case. “The stage of investigations and [presenting] evidence has passed. Has there been a new investigation against the included suspects?” he asked, in response to which the prosecutor said that an investigation can only be carried out after the complaint is registered.
The prosecutor said that according to a 2014 petition, Shaukat Aziz had told Musharraf to impose emergency. Justice Akbar remarked that the prosecutor was referring to Musharraf’s petition in which the verdict has been reserved while Justice Karim added that the Supreme Court has also issued a verdict on a petition regarding other suspects.
Justice Akbar said two weeks had been earlier granted to the government to present a modified charge sheet. “As per the law, charged can be amended any time before the verdict,” responded the prosecutor. “If you want to further make anyone a suspect, submit a new case,” said Justice Karim, asking, “Does the government want to delay Musharraf’s trial?” “If three individuals are made suspects, the government should also submit requests to make the former cabinet and corps commanders suspects,” he added.
Justice Karim said that without the court’s permission, indictments cannot be amended. Justice Akbar added that no formal request has been received by the court for changes to the charge sheet. “Without the court’s permission, no new request can be submitted,” said Justice Karim, adding, “We will not hear arguments on a request that was not formally submitted.”
“The prosecution doesn’t even know how to submit a request in the court,” remarked Justice Akbar, at which the prosecutor apologised. “Your purpose was just to get through today,” the judge noted.
Justice Karim asked how the interior secretary can amend the charge sheet without the approval of the cabinet. “Where is the approval of the federal government and the cabinet? According to a Supreme Court verdict, the federal government means the cabinet,” he said. He added that if the government doesn’t want there to be a delay, it can submit a new request against the other suspects.
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 Akbar.
Justice Karim said with regards to the federal government, the apex court has issued directives in the Mustafa Impex case. “After the Supreme Court’s directive is issued, the federal cabinet can make a decision, not the interior secretary,” he said.
Musharraf can appeal the verdict in the Supreme Court. If the top court upholds the special court’s verdict, the president possesses the constitutional authority under Article 45 to pardon a death row defendant.
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