According to Justice (retd) Siddiqui, there is no precedence of anyone being prosecuted and punished for treason. PHOTO: EXPRESS/FILE
KARACHI: A former chief justice of Pakistan, Justice (retd) Saeeduzzaman Siddiqui, says that if convicted in treason trial, former president Pervez Musharraf could either be sentenced to death or life-imprisonment. “This would be the first case of its kind as there is no precedence of such a trial in the country’s legal history,” he told The Express Tribune.
Although constitutional experts questioned the procedure adopted by the government for Musharraf’s trial, Justice (retd) Siddiqui said it was in accordance with the provisions in Article 6 of the Constitution of 1973, as well as the High Treason (Punishment) Act 1973.
“It is purely the constitutional way,” he said. “It is clearly mentioned in Article 6 of the Constitution that abrogating, holding in abeyance or subverting the Constitution come within the ambit of the High Treason (Punishment) Act 1973.”
FIR not needed
The former chief justice said the whole procedure – from lodging the case to trial and prosecution – has already been defined in the Constitution. “There is no need to lodge an FIR in a high treason case as the procedure is simple.”
The High Treason Act reads: “No court shall take cognizance of an offence punishable under this act except upon a complaint in writing made by a person authorised by the federal government in this behalf.”
He further said that since the offence is cognizable, the person facing the allegations can be taken into custody and put behind bars unless the fate of the case is decided.
Punishment
The punishment can be harsh if allegations are proven, said Justice (retd) Siddiqui. “The act of committing high treason is punishable either by the maximum sentence of death or minimum life imprisonment.”
The law allows no lenience. “High treason is a cognizable offence. And it is neither bailable nor compoundable,” he said, explaining that the person facing allegations can neither be released on bail or strike a compromise during trial proceedings.
No precedence
According to Justice (retd) Siddiqui, there is no precedence of anyone being prosecuted and punished for treason.
“In Pakistan, there is no past example of trial and punishment under the high treason charge. It would be the first case of its kind, if done,” he said, referring to the action being initiated by the government against Pervez Musharraf.
Published in The Express Tribune, November 19th, 2013.
COMMENTS (7)
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@just_someone: We have the best law and order in the world. Nobody dies on the street nor any body loses his purse or mobile on the road. There is no dacoity at gun point. All are so safe. There are no guns with people. We have the best economy. We have stopped India building a wall on Kashmir border. We are about to get Kashmir too thanks to our brilliant diplomacy and international media management. We have blown up dams built in India on rivers that flow in Pakistan.
Tomatoes are RS. 2 a kilo and onions are Rs. 0.50 a kilo. We are saving foreign exchange by making our own cars and airplanes. Our industry is the best in the world. Prosperity is at its peak. Power generation is so good that we exporting it to India, Iran and China. We are the best educated in the world. We have abolished the zamindari system gifted to us by our colonial masters.
We have brought back all the money stashed in Switzerland. We are far better than Somalia. We can go after Musharraf and show the world we have a judiciary that is so just. We have done our judicial Reforms. We can now punish any one who do not like. We can go after Musharraf. Coz that was the only blemish we had on this glorious and country and we had to set the record straight.
These judges while sitting in court endorses the unconstitutional acts of both civilian and military rulers and after retiring from their post become the savior of constitution. Remember the role played by Justice Saeed against Justice Shah just before Supreme court was attacked by the defender of constitution.
All offenders of 1999, and 2007 must be punished. There shouldn't be a pick and choose, or a scapegoat. The very strong precedence must be set for the civil-military-judicial bureaucracy. How dare some judges give a uniformed 22 grade general permission to amend constitution. No Ch. Iftikhar, 17th amendment cannot give indemnity to this treasonous act of yours, as according to your own judgements a parliament cannot legislate contrary to the basic structure of the constitution. In short, the validation of 17th amendment stands void for being ultravires with its basic structure..
Its a first case of treason but to make it last one, we must punish the offender. There are other powerful anti constitutional forces waiting and watching in caves whether we can defend our constitution or not. If we fail, there will be no stopping for them.
I also want Munawar Hassan to be tried under the High Treason act. By his recent statement, he has undermined the armed forces and brought into question his loyalty to our nation.
Please like this comment if you agree.
Im no fan of Musharraf but can this government do what it was elected to do, which is GOVERN rather than settling old scores and taking out personal animosities...
Gen Mush should be allowed to go to his mension(s). Only popularly elected leaders of nationalist and progressive parties are tried, jailed and punished even on the most minor charges. I agree with the Justice that it would be a first in Pakistan's history.