IHC halts Musharraf treason case verdict
Court sets aside special court’s Nov 19 order; directs govt to form a new prosecution team by Dec 5
Former president Pervez Musharraf. PHOTO: AFP
ISLAMABAD:
The Islamabad High Court (IHC) has stopped a special court trying former military ruler General (retd) Pervez Musharraf for ‘high treason’ from announcing its verdict on November 29 (today).
A three-judge IHC bench – headed by Chief Justice Athar Minallah – passed the order on Wednesday after hearing a petition filed by the interior ministry (prosecution in the treason case against Musharraf).
The bench set aside the November 19 order of the special court and instructed it to hear all sides and decide the case “in accordance with the law”.
The three-judge special court – headed by Justice Waqar Ahmad Seth – on November 19 rejected the interior ministry’s request for more time to notify a prosecution team to wrap up the trial initiated against Gen (retd) Musharraf in 2013 for “subverting the Constitution” by promulgating the state of emergency in the country on November 3, 2007.
The special court had also rejected a request from Musharraf’s attorney who sought adjournment while announcing that it would hand down its verdict on November 28 (today) in the absence of the ailing former military ruler, who had flown to the UAE in May 2016 for ‘treatment’ and has not returned since.
It’s the first time in the history of Pakistan that a former army general is facing prosecution for high treason.
Article 6 of the Constitution says a 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.
“And a person found guilty of high treason as defined in Article 6 of the Constitution, shall be punishable with death or imprisonment for life,” it says.
In a surprise development, the government on Monday petitioned the IHC to suspend the special court’s proceedings until formation of a new prosecution team.
The three-judge IHC bench – headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani – on Wednesday admitted the government’s request.
Later, the bench issued a 2-page brief order asking the special court to hear pleas of all sides and decide the case “in accordance with the law” while directing the government to form a new prosecution team for the case by December 5.
“The learned special court will fix a date for affording a reasonable opportunity of hearing to the notified prosecutor and the prosecution team, as the case may be, as well as the counsel appointed for the accused under section 11(2) of the Criminal Laws Amendment (Special Court) Act, 1976.
“The learned court is expected to take into consideration the grounds raised in the application filed under section 265-K of the Code of Criminal Procedure, 1898. The parties shall be at liberty to raise any other factual or legal grounds,” reads the order.
It also noted the reasons to stop hearing of the special court would be announced later.
Earlier during the hearing, Justice Minallah inquired about the official notification regarding formation of the special court from Additional Attorney General (AAG) Sajid Ilyas Bhatti and also sought the relevant record from Law Secretary Khashihur Rehman.
“The special court had been formed correctly as per record,” Justice Minallah remarked questioning why the interior ministry had stated in its petition that it was incorrectly formed.
The attorney general replied that the team that presented the final argument was not legal.
“What should we do? You did not tell the special court about this and now you have come here when the verdict is about to be announced,” Justice Farooq said.
The attorney general expressed concern that Musharraf might take advantage of the situation.
Musharraf has already petitioned the Lahore High Court (LHC) to stay the special court proceedings until he recuperates and appears before the court in person.
The former military ruler filed the writ petition on Saturday under Article 199 and nominated the federation as respondent through the secretaries of Ministry of Interior and Ministry of Law, the FIA through its director-general and the special court through its registrar.
The LHC has allowed the case for hearing and will announce its decision on Thursday.
The Islamabad High Court (IHC) has stopped a special court trying former military ruler General (retd) Pervez Musharraf for ‘high treason’ from announcing its verdict on November 29 (today).
A three-judge IHC bench – headed by Chief Justice Athar Minallah – passed the order on Wednesday after hearing a petition filed by the interior ministry (prosecution in the treason case against Musharraf).
The bench set aside the November 19 order of the special court and instructed it to hear all sides and decide the case “in accordance with the law”.
The three-judge special court – headed by Justice Waqar Ahmad Seth – on November 19 rejected the interior ministry’s request for more time to notify a prosecution team to wrap up the trial initiated against Gen (retd) Musharraf in 2013 for “subverting the Constitution” by promulgating the state of emergency in the country on November 3, 2007.
The special court had also rejected a request from Musharraf’s attorney who sought adjournment while announcing that it would hand down its verdict on November 28 (today) in the absence of the ailing former military ruler, who had flown to the UAE in May 2016 for ‘treatment’ and has not returned since.
It’s the first time in the history of Pakistan that a former army general is facing prosecution for high treason.
Article 6 of the Constitution says a 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.
“And a person found guilty of high treason as defined in Article 6 of the Constitution, shall be punishable with death or imprisonment for life,” it says.
In a surprise development, the government on Monday petitioned the IHC to suspend the special court’s proceedings until formation of a new prosecution team.
The three-judge IHC bench – headed by Chief Justice Athar Minallah and comprising Justice Aamer Farooq and Justice Mohsin Akhtar Kayani – on Wednesday admitted the government’s request.
Later, the bench issued a 2-page brief order asking the special court to hear pleas of all sides and decide the case “in accordance with the law” while directing the government to form a new prosecution team for the case by December 5.
“The learned special court will fix a date for affording a reasonable opportunity of hearing to the notified prosecutor and the prosecution team, as the case may be, as well as the counsel appointed for the accused under section 11(2) of the Criminal Laws Amendment (Special Court) Act, 1976.
“The learned court is expected to take into consideration the grounds raised in the application filed under section 265-K of the Code of Criminal Procedure, 1898. The parties shall be at liberty to raise any other factual or legal grounds,” reads the order.
It also noted the reasons to stop hearing of the special court would be announced later.
Earlier during the hearing, Justice Minallah inquired about the official notification regarding formation of the special court from Additional Attorney General (AAG) Sajid Ilyas Bhatti and also sought the relevant record from Law Secretary Khashihur Rehman.
“The special court had been formed correctly as per record,” Justice Minallah remarked questioning why the interior ministry had stated in its petition that it was incorrectly formed.
The attorney general replied that the team that presented the final argument was not legal.
“What should we do? You did not tell the special court about this and now you have come here when the verdict is about to be announced,” Justice Farooq said.
The attorney general expressed concern that Musharraf might take advantage of the situation.
Musharraf has already petitioned the Lahore High Court (LHC) to stay the special court proceedings until he recuperates and appears before the court in person.
The former military ruler filed the writ petition on Saturday under Article 199 and nominated the federation as respondent through the secretaries of Ministry of Interior and Ministry of Law, the FIA through its director-general and the special court through its registrar.
The LHC has allowed the case for hearing and will announce its decision on Thursday.