Endorsement: Ex-chief justice backs modus operandi
“There is no need to lodge an FIR in a high treason case as the procedure is simple,” says Justice (retd)...
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.
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.