It is the first time the Supreme Court has summoned a former military ruler over allegations of misconduct. PHOTO: AFP/FILE
Former military dictator Gen Pervez Musharraf came a step closer to facing trial on treason charges on Monday, as the Supreme Court issued notices to him while hearing five identical petitions seeking for him to be tried for high treason and subversion of the Constitution.
The two-member bench comprising Justice Jawad S Khawaja and Justice Khilji Arif Hussain also directed the Inspector General of Police Islamabad to serve notices on Musharraf and directed the secretary of the ministry of interior to place Musharraf’s name on the exit control list and submit the report in the court.
Before putting off the hearing till Tuesday (today) the bench also directed the respective IGs of all provinces to serve the notice, in case their services were required to ensure the notices were received by the ex-president.
Interior Ministry officials confirmed that Musharraf’s name had been placed on the ECL and that a circular had been issued to all exit points, including airports.
Musharraf ended his four-year self-imposed exile and returned to the country last month, intending to contest the upcoming polls but has instead found himself faced with a plethora of challenges.
However, Musharraf’s team announced late Monday that he would not appear in person in today’s hearing. “I have directed my panel of eminent lawyers to forcefully represent me in the Supreme Court of Pakistan tomorrow... These cases do not frighten me and I will fight all the cases in the court of law!” his Facebook account quoted him as saying.
His lawyer, Syed Afshan Adil, told AFP that there would be a “security issue” if Musharraf were to appear in person.
“It has been decided that his lawyers will represent him. However when the court considers it necessary he will appear in person,” Adil said.
It is the first time the Supreme Court has summoned a former military ruler over allegations of misconduct.
But if a trial is initiated, Musharraf may not go down alone. The names of five other army generals echoed in the court on Monday for their alleged collaboration with the ex general and abetment in carrying out the military coup.
“Under Article 6 of the Constitution and the high treason (Punishment) Act 1973, not only did the military dictator but also the collaborators and the abettors should also be tried for the high treason,” said AK Dogar, the legal counsel for Maulvi Iqbal Haider, who is one of the petitioners.
‘The SC should direct the federal government to initiate proceedings against Musharraf along with Major Gen Aziz Ahmeed, Maj Gen Ghulam Ahmed, Maj Gen Shahid Aziz, Lt Gen Mehmood Ahmed and Lt Gen Muzaffar Usmani”, argued Dogar.
However, legal experts are of the view that no action could be taken against these ex-generals because the 1999 coup had been validated first by the SC and later by Parliament.
Meanwhile, senior lawyer Hamid Khan, representing Lahore High Court Bar Association Rawalpindi, said that the federal government had done nothing to initiate action against Musharraf despite the fact that, in January 2012, the Senate passed a unanimous resolution seeking the trial of Musharraf. The resolution was initiated by Pakistan Peoples Party Senator Raza Rabbani.
The lawyer was responding to a question raised by Justice Khilji Arif Husaain who wanted to know how the SC could initiate a trial against the former dictator as the law only allows the federal government to take cognizance of high treason cases.
Advocate Khan further said the bar association had prayed the court to direct federal authorities to initiate a trial against Musharraf as he had returned, but the government had failed to enact the Senate resolution.
The former government accorded him an official farewell when he left and a VVIP protocol on his return, he added.
Praying to the court, the petitioner said Musharraf should be held responsible for the 2007 emergency, which had already been declared unconstitutional by a 14 member bench of the SC on July 31, 2009.
The other petitioners included Association of Pakistani Lawyers (England) Chairman Barrister Amjad Malik, senior lawyer Sheikh Ahsanuddin and former Pakistan Bar Council chairman Abdul Hakeem Khan.
Addressing the media outside the SC building, Barrister Aitzaz Ahsan said the apex court should have taken up the July 2009 judgment against the emergency.
Aitzaz said that while the SC was actively bashing politicians in dual nationality and fake degree cases, no one raised questions about the performance of the army, judiciary and media.
Published in The Express Tribune, April 9th, 2013.
COMMENTS (14)
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Well if Mushraff is to be blamed then why not the honorable Cheif Justice himself? In the end, he himself is a PCO judge. Lets put both behind the bars.
NOTHING happens to (ex) Generals in Pakistan! This case will meet the same fate as did Asghar Khan case...
The present COAS was involved in the Nov 3 'emergency'. Will the PCO CJ do anything?
How far the Apex Court would go ahead on treason charges against the former dictator is a million dollar question as many other top Generals are also involved. Most importantly, the powerful military may not like to see its former top brass convicted with serious future implications of playing second fiddle to the bl--dy civilians and taking orders from them.
@Ussama Sajid: No.Election campaign of Musharraf being run by the SC.
Best defense for Musharraf would be to go after Iftikhar Chaudhry. The latter has his hands stained with the 1999 takeover. The argument for constitutional indemnity by the 2002 assembly is bogus, as the SC has already given a verdict that even the Parliament cannot pass any legislation contrary to its basic structure. Bottom line is that the 2002 indemnity itself was invalid, being ultra vires to the basic structure of the constitution. If the SC now takes a position to consider it valid, the question will arise that it is only to protect the PCO judges.
Please everyone jog your memories. I think everyone is forgetting that the Supreme Court gave 2 years to General Musharraf when he took control of the country, thus legitimising his take over and interpretting Article 6 in its own way in 1999. Supreme Court cannot retrospectively change its own decisions under a new political environment. Musharraf did manage to conduct elections and installed a civilian government. PML-Q was the majority party in Punjab and Sindh and formed government while Islamic parties formed governments in NWFP and Balochistan. PML-Q continued in government in alliance with PPP later after post Musharraf era too. Nawaz Sharif and Shahbaz Sharif should also be tried for high treason for stopping a sitting Chief of Armed Forces from returning to his homeland after a diplomatic trip to Sri Lanka representing Pakistan. They both attacked Supreme Court, dismissed a Chief Justice and a previous COAS and also Musharraf without reason. Supreme court must dismiss this trial or be ready to undermine its own authority and decisions by future courts through this precedence.
Where are millions of his supporters who had total control of social media. Like Musharaf, supporters of Imran are also ghosts. On election day, they will disappear in thin air.
This will turn out to be a damp squib. Musharraf will get his revenge this time around. CJ should not sit in a glasshouse and throw stones at others.
There is no denying the fact that approval was given by the SC and parliament to Musharraf as head of government. It seems to me that the best way forward is to postpone SC proceedings till after the elections. If the people vote Musharraf in, then the will of the people, the masters of Pakistan should prevail. This seems to be a good solution to a knotty problem.
Ha, what was Mushy boy thinking when he returned to Pakistan?
Musharraf needs to be charged with treason as a clear message to other generals and the Taleban who want to take over the government with guns. Only by serving him justice will people understand that the law of the land is supreme and power doesn't flow from a gun.
The parallel scene to that in Tukey is developing in Pakistan. The military should note the consequences if they break the oath and initiate coups against the democraticaly elected civilian Government.
Rex Mnor
Like a rat in a trap, gentleman.