The Supreme court issued notices to Pervez Musharraf and the federal government to explain their stance. PHOTO: AFP/ FILE
Reacting to the court summons, Musharraf's team announced late on Monday that he would not appear in person.
"I have directed my panel of eminent lawyers to forcefully represent me in the Supreme Court of Pakistan tomorrow... These cases do not frighten me and I will fight all the cases in the court of law!" his Facebook account quoted him as saying.
His lawyer, Syed Afshan Adil, told AFP that there would be a "security issue".
"It has been decided that his lawyers will represent him. However when the court considers it necessary he will appear in person," Adil said.
SC summons Musharraf
The Supreme Court ordered former military ruler Pervez Musharraf to appear in person Tuesday over treason allegations and barred him from leaving the country. The hearing will continue on April 9.
The court issued notices to Musharraf and the federal government to submit their stance regarding the issue.
"It is necessary to issue notice to the respondents in these petitions. The office shall ensure service of notice to the respondents for tomorrow," Justice Jawad Khawaja told the court, referring to Musharraf and the state.
Government officials should "ensure that the respondent (Musharraf) does not leave the jurisdiction of Pakistan", he added.
Musharraf returned to Pakistan on March 24 after four years of exile to run for parliament in the May 11 general election, a move he said was intended to "save" the troubled nuclear-armed state.
The Supreme Court heard applications to put ex-dictator Pervez Musharraf on trial for treason, the latest in a series of problems he has faced since his return home last month.
The former military ruler returned on March 24 from four years in exile, vowing to run for parliament in the May 11 general election to "save" the troubled nuclear-armed state.
But the Supreme Court on Monday heard petitions brought by various lawyers who want Musharraf tried for treason for imposing emergency rule and arresting judges in 2007, a move that ultimately paved the way for his downfall.
"Musharraf should be prosecuted for high treason because he is guilty of subversion of constitution," lawyer Hamid Khan told the court.
"He should be punished with death or be jailed for life."
Justice Jawad Khawaja said the court had already declared the emergency rule imposed by Musharraf in 2007 as unconstitutional and asked what action the state had taken in response.
Syed Afshan Adil, a defence lawyer for Musharraf, told AFP the court should not entertain the petitions against her client because "only a state can initiate high treason case".
Musharraf faces a number of other legal cases. He has been bailed over the 2007 killing of former prime minister Benazir Bhutto and a Baluch rebel leader in 2006, and for sacking and arresting judges in 2007.
He has been approved to stand for election only in the remote northern area of Chitral on the Afghan border, after his application to stand in three other constitutencies -- in Islamabad, Karachi and Punjab province -- were rejected.
The May election will be the first democratic transition of power in Pakistan.
Since its founding in 1947 it has been governed by four military rulers, most recently Musharraf, and is struggling with a weak economy, chronic instability and poverty.
Since he left office in 2008 Musharraf's power base has shrivelled. Last month he suffered the indignity of having a shoe thrown at him in court by an angry lawyer -- a deeply insulting gesture in the Muslim world.
He is not thought likely to win more than a couple of seats with his All Pakistan Muslim League party, which he founded in self-imposed exile with the help of Pakistani expatriates.
Officials in Chitral, where Musharraf hopes to win support because of development work carried out during his rule, approved his candidature on Sunday. But a lawyer in the town said he would appeal against the ruling.
COMMENTS (73)
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@Rex Minor: First of all I am not an Advocate ok. 2nd I am a citizen of Pakistan and No body is right to stop me to make my own decision and comments. 3rd Why not Nawaz Sharif tell the court and the people of Pakistan, why he dishonored Army Chief when he was on official visit..? 4th Why Nawaz Sharif order to blocked Karachi airport runway..??5th Who gave this order to the Pilot that the Plane is not allowed to land in Pakistan..?? 6th Who puch Musharaf from the back to take over..?? 7th You only see Musharaf running around the world at the expense of the poor people of Pakistan, Why you didn't see any body else who build Rawind Mahal and purchase Seray Mahal..??and improve their bank balance..?? I think its a shame to close our eyes.
@Nasir Khan:
You ae unfit for the judiciary work! You are not asked to make decisions, Musharaf should tell the court and people of Pakistan as to why he dishonoued the military and the constitution and removed the elected Government and made himself the boss, and todate he is running aound the world at the expense of the poor people of Pakistan.
Rex Minor
First of all I want to say some think for Gen Musharaf, He is a only man in Pakistan who stands for the Nation, He maintained good relation with China and India, He improve a soft image of Pakistan and Islam in the world, and he do lots good thing for Pakistan and I think he deserved to take part in election 2013.
Now if some lawyers and anti Musharaf Politician thing that He should be punished with death or be jailed for life so that no any other General in future do the same thing. Suppose if Musharaf punished with death and after his death ones again military take over, what do you think, that General left any body alive behind to do the same thing against him...???
I think Musharaf is not guilty because whats so ever he do in the country he never do any thing alone the whole Government is involved with him so I think not only Musharaf goes under trile on treason case all those person will be called in front of Court who indores Musharaf in his decissioun.
In the last I think Musharaf and Imran Khan join hands together if thay want to save Pakistan.
History is being made today and it could develop into most important case since creation of Pakistan. First time ever an army chief is being tried criminally and that too into a civilian court. Different outcome would result if Musharaf is punished, exonerated or case is held in freezer for too long. This case is going to make or break this nation.
@mrs ahmed: It is your obligation to stay within the law of the land. Some of your fellow travelers break the law and then try to hide behind victim-hood excuse. This has happened too many times. Don't distort history regarding Jinnah's position. He wanted autonomy for Muslim majority provinces. There never was any proposal for transfer of population. When you came to Karachi, did you know that you have to live with and share with others who might be somewhat different from you. You have logic of racist nothing more.
Muslim League N could make PPP Govt to proceed the case against P.Musharraf and also could bring a no confidence motion against PPP Govt. They faithfully supported PPP govt. and waited for their turn. Now the turn has taken a Uturn.
ok I am an Indian, but "New York Times" is not - To all supporters of Mush, read what he gave to Pakistan - three cheers for brave commando
@Aahjiz BayNawa: what sacrfices for pakistan without any desire for recomense , strange , well did quaid e azam say "home land for the muslims of india", in a home land u have obligations and also u have rights ,most silly i9dea that people of minority provinces struggled as sacrifice for what cause , in which they had no share , pls look at it again , there is no logic in it.
There are many examples in the civilised world where a dictator or a military general is punished decades after his rule was over. Chile started punishing General Pinochet after 20 years, Turkey punished General Ilker Basburg and Sri Lanka punished General Fonseka... Soon General (Retired) Pervez Musharraf will join the list. Long Live independent judiciary!
I have no doubt that many if not all past and present Pakistan's leaders, politicians, parliamentarians, judges, establishment, civil and military dictators broke many constitutional laws again and again. They git away with it because of weak judiciary and the parliament. Too many have skeletons in their closets. Lets move forward not backward. Spend time productively.
@Yoghurt lover, Yes like Kargil, perhaps your knowledge about Kargil war is so thin that you are in doubt about it. Go and search the remarks of Indian General regarding Musharaf and his fearless expeditions in the Kargil war........
Mush was a great economic manager and a true patriot. He sincerely tried to bring about economic miracle in Pakistan. Why are we hating those who want to build this nation?
Please also start proceedings against PCO judges, including PCO CJ Chaudhery for subverting the constitution. Selective justice will only backfire.
@mrs ahmed: Our fathers and grandfathers rendered sacrifices for Pakistan without any desire for recompense. So, please do not disgrace their sacrifices by supporting parochialism.
@mrs ahmed: I am no fan of Nawaz but Musharraf was looking for an opportunity to sack a Constitutional Government. Nawaz sensed that and ordered for his removal. Reacting, Musharraf with the support of some Corps Commanders, took over power and used the redirection of Musharraf's plane as a pretext. In the first instance, Musharraf had no moral or legal right to overthrow a Constitutional Government. Secondly, there was no justification for denying democratization for (almost) a decade. Thirdly, there was no basis for declaring emergency on November 3, 2007 and suspending the Constitution a second time. Both acts of subverting the Constitution amount to treason and there is no justification to condone them. Therefore, law must take its due course and Musharraf should be duly tried. This has nothing to do with Musharraf's ethnic background, as you have unjustifiably contended. As an urdu speaking Pakistani, I would suggest that we should mainstream ourselves and de-emphasize on our cultural bearings.
I support the treason charges against Musharraf.
They should also initiate treason charges against Gillani, Ashraf, Zardari for saying in public that they are against drone strikes and secretly allowing it.
Don't you think that's high treason?
Judicial activism. judicial rulings suspected of being based on personal or political considerations rather than on existing law.
@Fouzia Siddiqui:
Yes, yes they are. They were done by Punjabis and not by Urdu Speakers, Sindhis, Baluchis or Pashtoon. That is why.
@Main Boloo?: How you know that he's from Bhopal?
We are witnessing a judicial circus and over activism by the Court. Supreme Court is the Court of last resort, not the Court of choice. It has procedures under which these petition are accepted or allowed. this matter does not concern an individual and the petition should have been rejected at the preliminary stage.
But anything is possible from a hostile Court. we will ultimately lose trust in independence of judiciary, if this trend goes on. It will serve no purpose . and be a clossal waste of time.
there are other important matters pending before the court , those cases should be taken up. the justice should be done and it must be transparent. The C.J must recuse himselffrom hearing this case.
I think the general has plausible defense available to him. these moon shiners will lose and cry for mercy in the end. Not every lawyer is competent. Especially these lawyers who hve the ,icense to wear the black coat. they need some brain also to differentiate between a case and a frivolous matter. good luck to him.
JAVAID BASHIR Attorney at law NASHUA
@Jadoon: Dictator WHO...........President Pervaiz Musharraf? Dictators were Hitler, Idi Amin Qadaffi, etc. Pakistan needs one to fix it's people & the country.
same lobbies are at work again , although i am not a bhutto fan , but during 70s he was a our international face who could speak for Pakistan with confidence at international arena , and Musharraf is being treated similarly , he is the lone Pakistani who can talk sense when interacting at an international stage remember jakie anderson and our very own gillani "who is stopping them" all those who do not like a face to remain on the scene who can talk for pakistan with courage , conviction barvado and ofcourse in a style which is given some listening . They all want people like nawaz , and zardari anf ofcourse cheep justice sorry chief justice who cant even read a paper properly let alone present our cause extempore with confidence , ok go on do it Article 6
In reality case for invoking Article 6 against Musharraf should not have been heard in supreme court. I see people talking a lot about constitution without knowing the dos and donts... if its constitution thn Federal only has the right as per constitution and not under any court order ........... This in itself is a violation of constitution by the so called CJ - where is the consititution now when the PCO CJ himself is exceeding his limits and going way beyond his Jurisdiction?
even if for the sake of argument this is right, thn why only Musharraf?, Army as an institution took over. Will you try everyone? accordingly not a single person/government is legal, all current politicians, parties, judges; including our very own so called Messiah of all Iftikhar Mohammad Chaudhry was part of the judicial bench that not only approved and legalised Musharraf but also allowed him to make as many ammendments he wants. Hypocrisy at its best -
Let’s get one thing straight that democracy is not for everyone, and certainly not for Pakistan. Many might not agree but the fact is that, the era of General Musharraf was way better than any other. They who call Musharraf a dictator, need to seriously go and read about Idi Amin, Augusto Pinochet’s or Caligula. Musharraf was and is still a way better democrat then the current civilian dictators.
Islamabad Supreme court shall only validate Musharraf's actions as verdict has already been issued by Riyadh Supreme Court.
@ Mohammad,
Yeh pyara General, Yeh Humara General, Yeh sub Generalon say dulara General.
Grow up brother learn to respect civilians, for being civilian and for having civilian CJ.
@Main Boloo?: so
@Main Boloo?: You better not. Is that a crime, man? What's your point?? Liaqat Ali Khan and most of the freedom fighters for Pakistan were not borne in what is now Pakistan. Whatever kind of logic machine you were borne with, it's pathetic.
@Babablacksheep:
Article 6 includes all those people you mentioned. Just wait and see. Anybody who thinks only Musharraf will be punished then they are wrong. A whole lot of people will be included in it if the trial goes far.
Did the judges on bench subvert the constitution by legitimizing the coup in 1999?
@Fouzia Siddiqui: very nice i like and support your views about syyed musharraf
@Bhutto is alive:
I think you are a young person and have not seen Bhuttos era. He is the only politicians who was a martial law administrator and act like a dictator. Because of him we loose half of our country. Well he did some good things as well like he started the nuclear program.
@Awan:
All Punjabi politicians should be hanged for their injustices towards their fellow non-Punjabi citizens.
@mrs ahmed:
You spoken the truth Mrs. Ahmed. Lot of people like me who is not a fan of Gen saab becomes to be a fan of Gen Saab because the injustice towards him. I hope his popularity will increase in all truth loving people.
The prosecution should call 'Muharaf' as the witness to justify his legtamacy as the "Head of State" and the "Army Chief" when he was dismissed by the civilian democratic Government. In simple English it is called TREASON. And those who do not understand this act, justifies it o elatavise it should go back to schools and understand what democracy, the Government of the people, by the people and for the people is all about. The military has no special role other than to follow the orders of the civilian Govenment. The judiciary has no other role but to confirm the power of people which is vested in the civilian Govenment.
Rex Minor
@qr: He is not from Karachi but origionally from Bhopal and then Delhi :)
@Anserali Khan:
All the Pakistanis are angels except Gen. Musharraf. Every honest and patriot person should be punished and all the crookes in the country should roam freely to rape and plunder. I highly recommend CJ should include this in the constitution as well while he is supposed to run the country and not the elected parliamentarians. CJ you should not forget after your resignation you may be called to the court for your extra judicial activities
insha Allah, Musharraf will stand triumphant .
@qr: This is how they treated the Bengalis. Need we say more?
@Nadir: Do you think your comment would have any effect? He's presided over so many 'events' from Karachi naval base to GHQ attack to Abbotabad, without a frown. Courage redefined.
Its a pity, people remember the old issues of BB assasination, CJ, emergency, Lal Masjid, Bugti, etc; But dont remember the recent worsening economy that was given by the present govt for 5 years and every Pakistani suffered from it.
Pakistanis economically suffered for last 5 years but still remember the political issues of Musharraf whose time was best in terms of economy. Its a pity that Pakistanis dont care for their economic development and chose to live with the issues of BB murder, Lal Masjid, Bugti etc.
What is the reaction of present army chief on treason.? No comment at present, mental set up of wait and watch or finalized a limit on pushing to the wall ?
why ONLY musharraf.why not the core commanders of that time and now today army chief.? why not all the justices and chief justice( Iftikhar Choudry) who endorsed his act.? why not the members of his parliament (including Imran khan) who accept him as president.
It would be an idiot thought that only one person staged the coup.
Justice should be done BUT across the board.
how ever nawaz got his sentence over turned after 9 years but the fact remains with all the evidence that he dismissed army chief while he was in air .and asked the plane to be diverted to enemy land so article 6 6 6 for nawaz
nazir naji a renouned journalist as rightly pointed that two army chiefs who are being summoned by cvourts are both urdu speaking yah nawaz was right no backing by the army for urdu speaking generals
so we again go back to words of Mualana Abul Kalam Azad , that people who are struggling for the creation of pakistan and who are giving ultimate sacrifice that with lives would have no rights in Pakistan , after few years , this is the stark reality noe face the music we the children of people who committed the folly of Pakistan , under after being swindilled in two nation theory
Musharraf is being victimized because he is a Karachiite! If this would have been a punjabi or pakhtun no one would have dared. If this goes about martial laws should start from day 1 and accomplices of Zia should be penalized also. These courts are not only bias but ethnic bias also! They like to remain in the news! I wish this judiciary should go home as we are already suffering because of them and their shenanigans. Musharraf isnt like for only one reason that he is a Karachi wala! How ethnic biased nation we are sadly! But remember Musharraf isnt a fool he knows how to play his cards. I wish you well and God speed General sahab!
I agree @Jadoon: The self styled democrats should also be banned from labeling their greed of power and money and inefficiency as Democracy.
Its all about personal vendetta's janu. Only the state can enforce article 6. Oh! I forgot the judiciary is the dictator these days. God help us.
BHUTTO had done so much for the nation and as a result he was hanged on account of one murder case, and Mr.MUSH has done nothing but committing numerous offenses. he should get what he's uttered BY HOOK OR BY CROOK....!
Any decision under the the one and a half eyed Justice will be treated as biased and personal enmity. It is better wait till the current chief justice is retired.
No respect for Army chief! :(
If Musharraf could be punished somehow, dictators would be barred from toppling governments in Pakistan for ever.
I don't know it is judicial activism or what? what i know is "as you sow so shall you reap" establishment should keep this in mind...!
The people of Pakistan should feel proud of two landmark achievements in their country, firstly peaceful transition of democratic process to another and secondly judiciary trying a former military dictator since both events were unheard of in 65 years history of Pakistan. Both events should strengthen democracy in Pakistan and reduce the undue military interference in civilian govt. functioning in future.
did you guys copy pasted the article twice ? :D
“Musharraf should be prosecuted for high treason because he is guilty of subversion of constitution,” RIGHT ON!!
If he is tried than all the people that supported him should also be tried. Revenge game should not be played here.
How taking oath under PCO will fit in this case regarding the subversion of the Constitution?
Pakistan needs a new constitution, just like Thailand or Kenya.
There are many worthy of the highest punishment in Pakistan, but Musharraf is surely not one of them.
For those who break the constitution, Article 6 exists.It is only fair that person should face the consequences.
Why are several paragraphs repeated in ths story?
I am sure Mushraf is visualizes this scenario before coming yo Pakistan and have a plan to counter this or get some type of assurance from power full circles . And if not then God bless u Mushraf .
What happened to the case of CJ's son? Why has CJ spared Nawaz Shariff steps of attacking SC. What happened to Asghar Khan case? Are they all history now?
According to the constitution it is only fedral government to initiate the proceeding. SC is exceeding its jurdiction.
@Student:
Court has to settle the unsettled game Musharraf left...in other words, personal vendetta. They will do their best to push the Federal Government to initiate a case against Musharraf so they can show Musharraf what it cost to send reference against honorable CJ to Supreme Judicial Council.
Although, one can not accept fair trial of Musharraf from the current Supreme Court setup, it is good chance for Musharraf to get his name cleared.
Confused: "Syed Afshan Adil, a defence lawyer for Musharraf, told AFP the court should not entertain the petitions against her client because “only a state can initiate high treason case”.
Anyone knows what I think that Why Court is putting his leg....Is it right or wrong I dont know
Job is fairly done, after CJ's announcement "Anyone has the courage to file case against Musharraf?... and exactly within the week a person file a case against Musharraf, SC accept the petition and now ask Musharraf to appear in court.
Thank you CJ, you are setting one great example of Judicial activism.