Treason trial process under focus

Lawyers say FIA will investigate accused first; case will be heard by a special court

ISLAMABAD:

The process of initiating high treason trial has come under renewed focus after the government’s announcement of prosecuting former prime minister Imran Khan, former president Arif Alvi and former National Assembly deputy speaker Qasim Suri.

Information Minister Attaullah Tarar had said on Monday that the government would prosecute Imran, Alvi and Suri under Article 6 of the Constitution — which is related to high treason.

Article 6 says: 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.”

The government's announcement pertains to the actions taken by the three in the last days of then Pakistan Tehreek-e-Insaf (PTI) government in April 2022 at the height of political tensions over a no-confidence motion against the then prime minister.

The then opposition had tabled the no-confidence motion in the National Assembly in March 2022. As per law the motion was to be taken up in the National Assembly within three weeks but it was delayed for some reasons until April.

It started on April 3, when the then deputy speaker, Suri, while chairing a National Assembly sitting, declared the no-confidence motion as “unconstitutional” because it was linked with “foreign conspiracy” to topple the government.

Minutes later, the then president Arif Alvi dissolved the assembly and ordered fresh elections on the advice of the then prime minister Imran Khan. Alvi later asked Imran to continue as the prime minister until a caretaker setup was agreed as per the law.

However, Suri’s ruling was overturned as “unconstitutional” through a unanimous decision of a five-judge bench of the Supreme Court on April 7. The court also restored the National Assembly, which voted out the prime minister two days later.

“In the decision of declaring Suri’s ruling unconstitutional on this matter, there was also an opinion of a judge of the Supreme Court that the Constitution has been violated,” senior lawyer Advocate Hafiz Ehsan Khokhar told The Express Tribune.

According to Khokhar, the federal government becomes the complainant in the high treason cases. “First of all, the FIA [Federal Investigation Agency] investigates the persons regarding the violation of the Constitution.”

Other lawyers said that as per the law, the matter would be sent to the federal cabinet and after its approval, the federal government would write to the Chief Justice of Pakistan to establish a special court for the treason case trial under Article 6.

Then, the lawyers said, the names of three judges from the high courts should be given, who would form the special court to try the accused. Under Article 6, life imprisonment or death penalty could be awarded to a convict.

They say that the high treason cases are tried under the Criminal Laws Amendment Act for Special Courts, 1976. Under this act, offenses against the security, integrity or sovereignty of Pakistan are tried.

The special court, with the powers of a high court, will consist of three sitting high court judges. If any member of the special court is unable to perform duty, the federal government may declare the post vacant and appoint another member to fill the post.

According to the law, if, any member of the special court is unable to attend any of its sittings, the trial may continue before the other two members. In case of difference of opinion between the members of the special court, the majority opinion will be final.

Under the law, the federal government, on behalf of the prosecution, will send a list of the accused, allegations of the offenses and the list of witnesses to support each allegation, to special court.

When the accused are brought before the special court, the formal charges will be read out to them. If the accused pleads not guilty the court will proceed with taking the evidence adduced by the prosecution.

At the conclusion of the prosecution evidence, the court will examine the accused and record his statement under Section 342 of the Code. if the accused gives a written statement, the special court will also record it.

After that the special court will summon the accused to enter his defence and examine the defence witnesses. However, the special court might refuse to call any witness, if the accused intends to or delay the trial.

The special court will have the power to punish any person who obstructs or misuses its proceedings, or disobeys any order or direction, does anything which prejudices the case of any party, commits acts of hatred or contempt of court.

After recording evidence, the special court will hear the prosecution and defence counsel, and then move to the verdict. The hearing related to high treason will be held in open court but it may prohibit the publication of any part of its proceedings.

The hearing of the case before the special court will not be adjourned for any purpose, unless the special court is of the opinion that adjournment is necessary in the interest of justice.

The government can appoint one or more persons to prosecute the case referred to a special court for trial. Such persons shall be deemed to be state’s prosecutors. If an accused is not represented by counsel, the special court may provide the counsel.

According to the law, no court will entertain any plea regarding the jurisdiction of a special court. Party aggrieved by the final decision of the Special Court may prefer an appeal to the Supreme Court within 30 days of the decision being delivered.