High treason

The implications of such a prosecution if it goes ahead are profound.

In a move that the opposition parties are calling an attempt to deflect attention from the sectarian tensions in the country, the government has added another twist to the Musharraf saga — to finally try him for high treason. To this end, the government wants the Supreme Court to constitute a ‘special court’. The ‘special court’ shall have the sole purpose of trying Pervez Musharraf for high treason by virtue of his imposition of emergency rule in the country in November 2007. The decision to seek a prosecution under Article 6 of the Constitution comes after the submission of a report by a committee of inquiry and in the light of previous decisions of the Supreme Court.



The ex-dictator is currently on bail, which was granted in respect of several criminal cases, including the assassination of former prime minister Benazir Bhutto and Nawab Akbar Bugti, as well as the Lal Masjid siege. His name remains on the Exit Control List.

Article 6 of the Constitution is clear and unequivocal, stating that 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”. It also encompasses prosecution of those who aid and abet such an individual, and that it shall be for parliament to provide the punishment for any person found guilty of high treason.

The implications of such a prosecution if it goes ahead, and there are a number of steps before the matter is finally decided, are profound. It will be the first time in our history that one of our military rulers has been brought to book and provides an indication that the rule of law is assuming paramount importance at the highest level. The incumbent government is at pains to point out that there is nothing vengeful in this move, though there will be many who doubt this. It is now for the Supreme Court to take action at the government’s request, and for General (retd) Pervez Musharraf to ponder the folly of his misguided return.

Published in The Express Tribune, November 19^th, 2013.

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