Musharraf to be tried under Article 6 for treason: Nisar

Published: November 17, 2013

File photo of former president Pervez Musharraf. PHOTO: FILE

ISLAMABAD: The government will move the court to try former president Pervez Musharraf under Article 6 — high treason — for subverting the constitution of Pakistan twice, Interior Minister Chaudhry Nisar announced on Sunday. In Pakistan, the maximum penalty for treason is death.

The interior minister added that proceedings will begin from Monday onward. He said a three-member bench of the Supreme Court would hear the case. The government is also expected to announce a special prosecutor for the case.

The Adiala Jail authorities had only recently formally released Musharraf on November 6 from his sub-jail after he was granted bail by a local court. The former military ruler had remained under house arrest at his farmhouse for over seven months while he faced court trials. Even though he had been granted bail in all cases, Musharraf’s name is still on the Exit Control List (ECL).

The high treason case against Musharraf had been pending as the Federal Investigation Agency had not started formal proceedings.

The Supreme Court had referred this case to the federal government to initiate the high treason case against the former army chief for twice holding the Constitution in abeyance.

Article 6 – high treason states:

6.  High treason.—1[(1)     Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]

(2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

3[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]

(3) 4[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

From words to action

The decision today is in line with a Parliamentary address by Prime Minister Nawaz Sharif in June, where the newly elected PM had said the government “firmly subscribes to the view that the holding in abeyance of the constitution on 3rd November 2007, constituted an act of high treason.”

At the time, the Pakistan Tehreek-e-Insaf had backed Nawaz’ announcement.

Reactions on Twitter

Most local Twitter users found the government’s announcement of pursuing a treason case against Musharraf ill-timed.

Reader Comments (64)

  • Ahmed
    Nov 17, 2013 - 6:47PM

    Watch how this does not happen. Why would he announce that on a Sunday?

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  • Faisal
    Nov 17, 2013 - 6:47PM

    Our politicians are jokers of the worst kind. As if this was the most important matter at this time. Rawalpindi is under curfew, people are going through toughest times and all interior minister has to tell the nation is that they are trying Mush for treason. I can confirm that nothing is going to happen. Before punishing Musharraf they’ll have to tell about 35 million they took to topple PPP’s government in 90.

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  • Mohammad
    Nov 17, 2013 - 6:54PM

    People of Pakistan: Now at least please understand that how incompetent people are in the government, distracting from the Pindi violence and putting it to Musharraf.

    Musharraf is a great man and he will be a great man. Ch. Nisar you have made a big mistake today just to distract people away from the actual issues but you won’t be able to digest Article 6′s outcome.

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  • shah
    Nov 17, 2013 - 6:56PM

    Again !!!

    This case already concluded, now PML-N wants to waste their time again and fool the nation.

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  • Wali
    Nov 17, 2013 - 6:58PM

    Man, how very conveniently, the govt trying to move the sentiments from Pindi incident!!

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  • Wali2
    Nov 17, 2013 - 7:06PM

    Sure there are more impprtant matters for Nisar, interior minister to cocentrate on than stirring up a dead horse!!

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  • Professor
    Nov 17, 2013 - 7:17PM

    Way to go !!

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  • Usman Khan
    Nov 17, 2013 - 7:17PM

    Right step in right direction.

    Let’s put a full stop of army adventurism..

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  • Ch. Allah Daad
    Nov 17, 2013 - 7:18PM

    Best move so far. This coward must be punished to teach lesson to him and future adventurers.

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  • Amir
    Nov 17, 2013 - 7:23PM

    I like the clause where it says anyone abetting person who held the constitution in abys.

    So can we try Nawaz Sharif as well as he was part of Gen Zia government, who held the constitution hostage as well. Oh and this means that every politician since Iskandar Mirza should be tried.

    Wasn’t our current CJ also part of PCO etc etc.

    With so much dome lurking around, PML N had this in their sleeves?

    Time to open all can of worms. I love it.

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  • abc
    Nov 17, 2013 - 7:23PM

    Another stunt to keep the nation busy and the media will have another topic to discuss in the shows. Thats the way to keep the real issues under the carpet and keep fooling around. There own performance has reached below the acceptable level and they have nothing achieved so far other than making blame games.

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  • NDC
    Nov 17, 2013 - 7:39PM

    This means it is beginning of end of the PMLN government.Recommend

  • xor
    Nov 17, 2013 - 7:52PM

    Is it for distraction or for syasai shadhat?

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  • Basharat
    Nov 17, 2013 - 7:57PM

    The Pakistani politicians are mirror of Pakistani people and have been blindly following whatever religious fundamentalists say since the creation of Pakistan. They actually fear from the religious organisations and don’t want to angry them in any case. They even tolerate blood in the name of Islam. These religious snakes now become a python and we must pray to Allah that He may Protect Pakistan from their killing venom….The only genuine person among the politicians is Musharraf and he can only put the country on track…

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  • Tayyaba Usman
    Nov 17, 2013 - 8:02PM

    Instead they should consult him on how to handle this situation in rawalpindi, and on the other issuesntoo. Can someone deny the peace and prosperity during his tenure?

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  • dboz555
    Nov 17, 2013 - 8:04PM

    The United States should do something similar with President Obama. Try him for treason and subverting the constitution of the United States. I like that.

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  • Basharat
    Nov 17, 2013 - 8:06PM

    The timing to start the proceeding is important to note as Army Chief who was the best friend of Pervez Musharraf is going to retire…Also, it is important to note that there are number of politicans who support Musharraf even the Suprem Court has validated the Musharraf Step….Anyways, Musharraf is in deed a genuine person and he can only eradicate the religious extremism from Pakistan because he doesn’t fear from religious fundamentalists (as compare to other politicians) who have been the main cause of the problem in Pakistan.

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  • Adeel Khan
    Nov 17, 2013 - 8:20PM

    The timing is critical. PML N just playing there musharaf card at the time of incident of Rawalpindi/NATO & to sideline drone issues. It will just divert media’s attention.

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  • Saad
    Nov 17, 2013 - 8:22PM

    Speechless and well played

    Pmln will do anything to distract the people of Pakistan and as most of pmln and as well ppp supporters are in rural areas it doesn’t matter what we educated people think …

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  • Waseem
    Nov 17, 2013 - 8:28PM

    Nisar’s calibre is too limited to even comment on National Leader and a mature politician.

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  • Toba Alu
    Nov 17, 2013 - 8:52PM

    Should Mush be found guilty of treason, then expect the worst. Generals may have differences of opinion but they ultimately are brothers for life and they will defend their brotherhood till death. Recommend

  • A J Khan
    Nov 17, 2013 - 8:57PM

    Musharraf government was any time better than the ill managed, corrupt, inept governments of Nawaz & Zardari. In Pakistan, democracy represents rule by an elite club of carpet beggars & exchequer swindlers. They have joined hands to loot and plunder.
    Army Government is the true representative of poor and middle class people. It must break this nexus to relieve Pakistan.

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  • Ahmad Nasser
    Nov 17, 2013 - 8:57PM

    @Waseem: Yes, we should bring back A Rahman Malik. Karachi should be handed back to terrorists, and we missed suicide bombing of Muharram processions.

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  • Khalid
    Nov 17, 2013 - 9:26PM

    The critics are confused themselves. If Government has moved forward to try the General, it has become a problem. If they were silent, then there was a problem. What do the critics want?

    Let us see, the case shall die with its own dagger. There are many flaws in High Treason Act. I shall discuss the legal aspects of the case in depth later on.

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  • Rex Minor
    Nov 17, 2013 - 9:32PM

    To be fair why doesn’t the Government or an elderly statesman in the Islamabad community ask Mr Musharaf if he was aware of the article 6 of the constitution before he abrogated it? If the answer is in negative, then the man requires a Psychiatric treatment, not another trial.

    Rex Minor

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  • M. Emad
    Nov 17, 2013 - 9:32PM

    Poor Indian Refugee (Muhajir) General Musharraf !

    Except MQM, nobody would support a refugee.

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  • Bhatti
    Nov 17, 2013 - 9:38PM

    Haters will be haters.Long live Musharraf !!! The true fearless lion of this country.

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  • Sheikh Javed
    Nov 17, 2013 - 9:39PM

    After getting bail on four cases the final episode for setting him free has come. Treason case will last for few weeks or months and a bail will be granted. Thereafter Musharraf will walk out of Pakistan as a free man and will return at the fall of PML government which is not likely to last long. Look at their non-governance record. They are likely to bring us to the brink of collapse financially as they did in 1999 as they talk about bullet trains and mono rails system in Lahore. The nation is once again faced with corrupt politians and a leader who is enjoying foreign trips to get international recognition. The bottom line is – the treason case will be a blessing in disguise for Musharraf.

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  • Ahmad
    Nov 17, 2013 - 9:41PM

    Musharaf knows very well that nothing is going to happen, that is why he is in the country. He is visionary. He is intellectual and knows that he is becoming famous again among the masses. He is man of iron will and has the courage to face difficulties. He has done nothing wrong for this country and soon he will become Hero. Our prayers are with him, May God bless him.

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  • Abu Bakar
    Nov 17, 2013 - 9:42PM

    This is hogwash, Musharraf should be first tried for 12th October 1999 or should not be tried at all. Further the government is failing badly and to hide incompetencies and security lapses, is trying to divert public attention.

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  • Sajjad ali
    Nov 17, 2013 - 9:46PM

    Live him alone. Get out of your bubble, Pakistan.

    WAKE UP

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  • Ahmed
    Nov 17, 2013 - 9:47PM

    This trial must take place and this usurper should be duly punished. This is necessary in order to put a coup d’etat less than a risk-free adventure for ambitious generals in future. Pakistan has suffered too much at the hands of these rogue generals in the past who have proved to be totally incompetent and destructive to Pakistan in so many ways. Additional charges against Musharaf would include his abuse of authority to do the sneak attack at Kargil that caused so many soldiers to lose their lives and served their intended purpose of giving hardliners in India the credibility needed to sabotage peace talks between two elected prime ministers.

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  • shk
    Nov 17, 2013 - 9:47PM

    Ch.Nisar statement is an attempt to divert the attention of masses and sapecially media, who are focussing on Rawalpinidi and Drone attacks. I think all other issues including terrorism and price hike of daily commodities will go in backdrop. We have a very short memory and we will forget everything against PMLN

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  • Mehsud
    Nov 17, 2013 - 9:56PM

    @dboz555:

    Obama subverting the constitution? I am in America, can you please explain this? How is it that you know about this in Pakistan and people in the US don’t? Maybe that is your problem – you know too much. Most of it wrong. Try reading something other than Koran.

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  • Imtiaz
    Nov 17, 2013 - 9:58PM

    Cheap tricks by the government who is diverting the attention from the urgent matters to non-important matter. PM gets bail on all bogus cases and he should be released immediately instead of revengefully detaining him.

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  • naeem khan Manhattan,Ks
    Nov 17, 2013 - 10:03PM

    Why can’t these myopic vision people understand that this man had violated the constitution twice in 10 years and even admitted it on BBC. Some of you supporters can’t see beyond your ethnicity. The main problem with most of the Pakistanis is that they don’t have any respect for their constitution and the laws of the land. How could any one support some one who has willfully violated the laws and Constitution of the country to keep himself in power. I will even say that those who were involved and abetted the military coup and later suppurated his dictatorship in the garb of civilian politicians should also be brought to justice regardless which ethnic group they belong to, it is time to see to it and establish a precedence that no future Army General will think about subverting the constitution and laws of the land and get away with it. Ayub and Yahya Khan got away with it and paved the road to that ruthless dictator Zia for which the nation is still paying in blood and money and everything else. Wake up people , the world think that Pakistan is a lawless and pariah State, look up the latest PEW polls.

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  • Ali.b
    Nov 17, 2013 - 10:08PM

    great decision in the history of democracy..

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  • zubairm
    Nov 17, 2013 - 10:37PM

    Mush is a brave soldier and his era of governance was far better than the present blunders and looters of public exchequer

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  • Last Word
    Nov 17, 2013 - 10:39PM

    Saudi Arabia will not be pleased and PMLN is just enacting a drama and will take back these orders soon.

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  • MSS
    Nov 17, 2013 - 10:40PM

    There are many incompetent people in power around the world but Pakistanis take the cake.

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  • Parvez
    Nov 17, 2013 - 10:46PM

    Musharraf did not come back to be put in jail……….perception is that he came back after it was agreed that he would be cleared of ALL charges……..this looks another step in that direction.

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  • Zeeshan
    Nov 17, 2013 - 10:52PM

    Nisar, don’t you have anything better to do like focus on your real job where you are failing miserably? Get over it. We the People of Pakistan have had it with you and your shannanigans. Either do your job or go home.

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  • Najeeb Ullah
    Nov 17, 2013 - 11:02PM

    For God s sake the world is laughing at you…What a country is this

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  • Shah
    Nov 17, 2013 - 11:08PM

    Distraction tactics….sectarian violence should have been handled immediately. Now they are removing the curfew in Rawalpindi, commenting CCTV of the incident is not available and trying to show everything is going well.

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  • Sanjay
    Nov 17, 2013 - 11:14PM

    In India we name many Airports,Buildings, Govt schemes etc in name of those who declare emergency.

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  • Ammar Zaheer
    Nov 17, 2013 - 11:16PM

    @Ch. Allah Daad: Coward??? I don’t support the guy, but he did return even though there was a huge probability of all these happening against him. If he is a coward then what do you think our esteemed politicians are (Nawaz, Benazir).

    Interestingly though, article 6 clause 2 implies that our CJ should also be tried for treason including many politicians, bureaucrats, military personnel. Let’s see if someone has the guts to file a case against these angels :D.

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  • M. Emad
    Nov 17, 2013 - 11:53PM

    No support for a Refugee (Mohajir) President in Pakistan.

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  • taimur
    Nov 18, 2013 - 12:08AM

    the report is not objective at all. it clearly shapes the way the report is to be received by the audience.

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  • imran ali
    Nov 18, 2013 - 12:17AM

    what a joker..blame every body except Mullah….

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  • stevenson
    Nov 18, 2013 - 12:33AM

    @Faisal: Maybe you forget that all the current violence including sectarian violence has its roots with 9 years of Musharraf dictatorship. Unless he is tried and charged, what will stop another general from taking over illegally and bringing instability to the country like Musharraf did? By the way Mr. Emad, no one is saying charge Musharraf because he is an Indian origin Muhajir but because his take over was illegal and caused the current problems.

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  • ali065
    Nov 18, 2013 - 1:26AM

    Take this new nothing more than comic movie of Mr Bean

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  • Fk
    Nov 18, 2013 - 2:15AM

    If the govt wants a trial of Mush under high treason- then Sharif Brothers king maker army dictator Zia, Ayub, Yahya. Must be tried also why Mush alone. How about Army Chiefs plane sabotage that should be tried also and Asghar Khan case should be energized as well.

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  • Ishrat salim
    Nov 18, 2013 - 2:17AM

    Constitution was set asíde and abrogated on 20 Oct 1999….and abrogated again on 3 Nov 2007…. Then why only remembering 3 Nov 2007….i will tell you…it is because the present CJ and many others had legalised 1999 take over and not 2007…..if the case is petitioned then the court must take up the case, but present CJ being one of the PCO judges of Gen M era will take up the case ?

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  • sattar rind
    Nov 18, 2013 - 8:22AM

    Confused NS govt has no direction or any target to achieve. One day Mushraf issue may go against NS. Mushraf is an issue and let him go out of country as this govt may pay its attention toward others public issues

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  • Ahmed Ali Khan
    Nov 18, 2013 - 10:20AM

    @Salman:

    When the awaam is so stupid then Pakistan will be ruled by these morons turn by turn.
    Good people cannot participates in the election with the present system. Only rich people with no degrees and no brains will keep getting elected on the basis of their corrupt wealth.

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  • Ahmed Ali Khan
    Nov 18, 2013 - 10:25AM

    @Ch. Allah Daad:

    Chaudhry AD – nawaz balls licker. The only patriotic and uncorrupt person Musharraf has to face all this. Why not corrupt Nawaz and Zardari should not be in court of their corruption, election rigging and numerous charges. Musharraf is the one and only best Person in the current political system.

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  • Ahmed Ali Khan
    Nov 18, 2013 - 10:34AM

    @Amir:

    So the talks shows get busy discussing whenever a new name appears in the article 6 and this will go on and on and nora is free to roam around in the world on govt expense of this poor nations tax payer money. Nora should take only Rs1 as his salary and all expenses of the govt he should cover from his pocket.(he has enough of the looted wealth).

    I will be very happy on that day when there will be cases all over Punjab like Pindi on Ashura. People will be dying of hunger, unemployment, People will be looted at every corner of Punjab. I wish that to Punjab coz they are the one voted for nora. so they have to suffer.

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  • Ahmed Ali Khan
    Nov 18, 2013 - 10:49AM

    @A J Khan:

    You are right about NS. He went to Sri Lanka and made deals to establish Sugar Mills. He is promoting his own business on govt’s expense.

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  • Ahmed
    Nov 18, 2013 - 5:14PM

    Not the right time
    Other more important issues are pending
    It is derogatory for Army
    It was need of hour

    Everyone intellectual enough for above stated remarks. However the naive wisdom speaks for following answers:
    – The right time for justice is ASAP, Urgent and fast paced
    – All issues are important and many things could easily go in parrallell
    – Are they above law? and its against an individual who incidentally happened to be COAS
    – Compromises never build strong buildings … we are following the “nazra-e-zarrorat” since half a century.Recommend

  • Rex Minor
    Nov 18, 2013 - 5:44PM

    The General knows of One friend which never abandons the comrade.The little weapon that he l carries with him and shows it very proudly everytime he is given the opportunity. No one can take this option from him

    Rex Minor

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  • MK
    Nov 18, 2013 - 9:41PM

    @M. Emad:

    “Poor Indian Refugee (Muhajir) General Musharraf !
    Except MQM, nobody would support a refugee.”

    Nice Try. Well Sharif family also migrated from India in 1947. Actually 5.5 million Muhajirs came to Punjab versus 1.5m went to Sindh. Do you see anyone using Muhajir card in Punjab???

    Plus isn’t MQM “Mutahidda” now ???

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  • Khalid Masood
    Nov 18, 2013 - 11:47PM

    Creation of SMOKE SCREEN to blind fallout of Rawalpindi Incident…..

    How clever…. CH.NAK is…..!!!!

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  • 007
    Nov 19, 2013 - 8:21AM

    We are our own worst enemies to treat this visionary leader in such a pathetic manner. Yes, we deserve Zardaris, Sharif, Dastis and Raisanis. And of course, Firdous Ashiq Awans.

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  • O B Server
    Nov 19, 2013 - 8:55AM

    Following 1973 constitution, Can dead Zia be charged for conspiracy?
    Surely his aiders and abetters can be tried. Why are are they being ignored? Has Mr Nawas forgotten his his past?

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