Special court to announce Musharraf treason case verdict on Dec 17

Three-judge court asks new prosecution team to present their arguments on next hearing


Our Correspondent December 05, 2019
Former military ruler Gen (retd) Pervez Musharraf. PHOTO: AFP

ISLAMABAD: A special court trying former military ruler Gen (retd) Pervez Musharraf for high treason will announce its verdict on December 17 after a trail delayed by frequent change of judges and adjournments.

The three-judge special court has been hearing the case for the past seven years against Musharraf, who is the first former army general in Pakistan’s history to have faced prosecution for high treason.

New prosecutors Advocate Ali Zia Bajwa and Advocate Munir Bhatti appeared before the special court – headed by Peshawar High Court Chief Justice Waqar Ahmad Seth – on Thursday to inform the judges about their appointment.

“We received the notification of our appointment at 4pm yesterday [Wednesday],” said Advocate Bajwa. “Subsequently, we were handed a 3,000-page case record,” he added while requesting the bench for time to go through the record.

He said the new prosecutors would not like to rely on the arguments of their predecessors.

To this, Justice Nazar Akbar, who also sits on the bench, said the prosecution team could not be given more than a week’s time.

But Advocate Bajwa pleaded for “reasonable time”. “There is a lot of pressure,” he added.

“What sort of pressure could be on the lawyers and the court? Justice Seth shot back. “It is the prosecution’s duty to assist the court.”

“This is a special case and this is a special court,” Justice Seth remarked while asking the prosecutors to set aside other cases to pursue Musharraf’s treason trial.

Subsequently, Justice Seth adjourned the proceedings while telling the prosecutors that the bench would hear their arguments on December 17 and announce the verdict.

Ready to record statement, hope to get justice: Musharraf

On Nov 29, the Islamabad High Court (IHC), while hearing a petition of the interior ministry, had restrained the special court from announcing its verdict in the Musharraf treason case which it was to hand down on November 29.

In a two-page brief order, the IHC asked 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 (today).

In its previous hearing, the special court acknowledged the receipt of the IHC order, but remarked that “without commenting upon the maintainability and jurisdiction of the said petition […] before the IHC, we direct the representative of the ministry of interior to nominate the prosecutor”.

Gen (retd) Pervez Musharraf is being tried under Article 6 of the Constitution since December 2013 for subverting the Constitution on Nov 3, 2007.

According to Article 6, 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.

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.

Govt seeks to stop Musharraf treason case verdict

A day before Thursday’s proceedings, Gen (retd) Musharraf, who is currently in Dubai for treatment of his rare medical condition, recorded a video message from his hospital bed in which he said that he was ready to record his statement in the case.

“In my view, the [treason] case against me is baseless. I have gone above and beyond the call of duty for my country. I have fought wars. I’ve served my country for 10 years,” he said in the statement.

“A judicial commission can come here and hear me out. It must see my health condition and make a decision. The commission, with my lawyer, must then be heard in the court,” he added.

The former president also expressed hope that he would get justice in the case. “I hope I will get justice.”

 

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