History will be made on Monday (April 8) when the Supreme Court hears a petition asking for the former president Pervez Musharraf to be put on trial for high treason. The court’s decision on the petition will bring a saga, which began when Musharraf sacked the judges of the superior judiciary including Chief Justice Iftikhar Muhammad Chaudhry, full circle.
The petition, filed by the Rawalpindi chapter of the Lahore High Court Bar Association (LHCBA), requests the SC to direct the federal government to prosecute Musharraf under the High Treason (Punishment) Act 1973.
“The federal government may be directed to take Pervez Musharraf in custody immediately awaiting his investigation and prosecution under the same high treason act,” the petition further states. It lists Musharraf and the federal government as respondents.
The case has been fixed before a three-judge bench of the apex court, led by Justice Chaudhry himself, for next week.
Taufiq Asif, president of LHCBA’s Rawalpindi chapter, said that he had asked the SC to try Musharraf for treason for imposing emergency rule in 2007, a move that ultimately paved the way for his fall from power.
“I have been informed by the SC that a three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry is going to hear my petition against General Pervez Musharraf after three days,” Asif said.
SC officials confirmed that the judges would hear the petition on Monday.
On October 12, 1999, Musharraf staged a military coup and overthrew the elected government of then prime minister Nawaz Sharif. He later had himself elected as the president of the country while still retaining his post of Chief of Army Staff. The general also imposed a state of emergency on November 3, 2007, and deposed many judges of the superior courts.
“The petitioner is leading a high court bar association which has played a key role in the lawyers’ movement during 2007 to 2009 which resulted in the restoration of judiciary and compelled a dictator and usurper (Respondent.1) to resign from the office of the president of Pakistan,” the petition reads.
A number of petitions seeking Musharraf’s trial under article 6 of the Constitution have been filed in various courts, mostly by lawyers. The Supreme Court Bar Association (SCBA) is also backing the petition against the former president, who is currently in Islamabad following his return to the country after four years of self exile.
Talking to The Express Tribune, SCBA President Asrarul Haq Mian said that the SC, in its July 31, 2009 judgment on a petition filed by the Sindh High Court Bar Association, held Musharraf responsible for violating the Constitution and observed that it was the federal government’s task to initiate the former dictator’s trial.
But according to former law minister Khalid Ranjha, it was not possible for the courts and political forces to initiate action against Musharraf for high treason since he was not alone in the move to abrogate the Constitution.
Last week, during the hearing of a case related to election reforms, senior lawyer AK Dogar told the SC that Musharraf wanted to contest polls despite his constitutional violations. In response, Justice Chaudhry observed that an objection could be raised from whichever constituency the former president files his nomination papers for and added that the Election Commission was fully empowered to assess candidates’ eligibility according to articles 62 and 63 of the Constitution.
Published in The Express Tribune, April 6th, 2013.
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we love musharraf. pakistan will end up with zardari and nawaz if they elimnate this guy. imran khan cant win the battle alone. pakistan is done, if musharraf is not allowed, bye bye!
My concern is that A.K. Brohi is no more, otherwise.
No doubt, countdown has be gun, but don't worry masters are behind him he is not line of..........
May Allah keep Musharraf safe, since he stood against the tyrants Taliban and Mullahs of Lal Masjid. He served the people for their good but Pakistanis are like toddlers who want to play with fire and if some one stops them they accurse him. They will learn after they burn....
Well this could be General (Retd) Musharraf's ultimate sacrifice for his beloved Pakistan. If he is hung for treason, the army will never venture into politics again. Bhutto was hung by the army, wasn't he?
Mush did no wrong which effects people of Pak. Its only a power game where he failed.
About time too.
Musharaff "In the Line of fire" now
A barbaric act should not be glorified by using the word "POETIC".There should be a limit to journalistic adventurism.
It would be poetic justice when all crooks are handed down exemplary punishment for looting the country. Those with looted wealth stashed abroad have committed worse than treason yet they were elected to high positions.
General Zia was biggest tyrant of Pakistan. Till today we are suffering from his policies and Jihadi who were trained in his time. He hanged elected prime minster of Pakistan unlawfully. Why CJ don't take sou moto against this and declare all his laws, policies, actions unlawful and null and void.
Musharraf should be punished for LAL Masjid, Akbar Bugti, and abrogation of Constitution.
Let justice be done.Musharaf should be tried under Article 6.Let him provide his defence and let the courts decide.Let justice be done.
What a failing state.
Mr. Musharraf stood against terrorist and fought them. His ruling time was much better then so called political government. Those who advocate to talk to terrorist Taliban who have killed more then 40000 innocent civilian and army personal want to prosecute Mr. Musharraf to protect Pakistan.
I pray that Musharraf is kept safe from what they're trying to get him into. He is the greatest, most honest leader Pakistan has had in the past 3 decades at least. I think he shouldn't have come to Pakistan to try and save it, because he has done his part and the public wasn't thankful enough and turned their backs on him. Same goes for the media, the media that he empowered is holding a grudge with him, purely because of the thirty day ban on media during the 2007 state of Emergency. All these politicians, lawyers, media outlets and members of public look at those Thirty days and discard how well the country was progressing for the ten years. How there was law and order, minimal corruption and a booming economy, the likes of Turkey, India and China. Frankly this country isn't deserving of Musharraf.
@Zaka sure, may Allah protect him from evil. However he will inshaAllah not escape justice !
@Zeyn, It has to start from somewhere. Now future to be traitors will think 100 times before committing such crimes. Welcome to change my friend
zeyn Not doing justice with the past dictators doesnt mean that Justice should not be done afterwards. Learn from Past mistakes, don't just fuss about baseless points
"POETIC JUSTICE"? Biased much, journalist?
Have all the traitors before him been dealt with?
No. I didn't think so.
The Justice System is an utter utter joke.