Former president General (retd) Pervez Musharraf. PHOTO: FILE
The punishment can either be death penalty or life imprisonment in this case, he added.
The evidence won't take long and the decision will be made quickly by the special court, he further said, adding that as soon as the special court receives the complaint the Federal Investigation Agency (FIA) will be authorised to make the arrest.
Malik also said that the power to give bail lies with the special court as well and if the accused appeals then the court will listen to it.
President's approval
Secretary of Law and Justice Barrister Zafarullah Khan said that a summary of the case against Musharraf has been sent to President Mamnoon Hussain for approval, Express News reported on Wednesday.
The special court will be free to conduct its investigations independently, Zafarullah said.
He added that once the president approves the summary, the Ministry of Information will issue a notification about the special court.
Funds for the hearing and investigation will be decided after a discussion with the Ministry of Finance and the location of the hearing has not been decided yet, the law minister stated.
Treason case
The government had requested the Supreme Court on November 18 to constitute a ‘special court’ to try former military ruler Pervez Musharraf for high treason as he had violated the consitution by imposing emergency rule in the country in November 2007.
“Following the judgment of the Supreme Court and a report submitted by an inquiry committee, it has been decided to start proceedings against Gen (retd) Pervez Musharraf under Article 6 of the Constitution,” Interior Minister Chaudhry Nisar Ali Khan had told a news conference in the federal capital on November 17.
“It is happening for the first time in the history of Pakistan. This case is very sensitive and important and the decision has been taken in the national interest,” he had added.
The move comes after Musharraf was granted bail in other criminal cases against him, including the assassination of former premier Benazir Bhutto, slaying of Baloch nationalist leader Nawab Akbar Bugti and Lal Masjid siege.
The process for the first treason trial of its kind in Pakistan took a giant leap on November 19 when a three-judge special court was constituted to prosecute former military ruler Pervez Musharraf under Article 6 of the Constitution.
The development came hours after Chief Justice Iftikhar Muhammad Chaudhry forwarded the names of five judges he received from the chief justices of the high courts.
Justice Faisal Arab of the Sindh High Court (SHC) will head the special court which will include Justice Syeda Tahira Safdar of the Balochistan High Court (BHC) and Justice Yawar Ali of the Lahore High Court (LHC) as its members. The two judges dropped from the list were Justice Yahya Afridi of the Peshawar High Court (PHC) and Justice Noorul Haq Qureshi of the Islamabad High Court (IHC).
COMMENTS (45)
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Log Live Musharraf! Long Live SSG!
@MA, gp65: Doubt this comment of mine would be printed, but you people are pretty amazing.
MA asks me, "Can you confirm if NO children or women were killed in Lal Masjid assault?"
Why would I confirm that? Someone who has lost a wife or a child in the Lal Masjid operation should come to the courts to make this claim. If they are not then this is a non-issue and so far not ONE family has come forward because our men in uniform made sure that all the women and children were out before they went after the heavily armed militants inside the masjid/school.
The above is quite simple and even logical but if logic escapes you entirely, what can one say or do then?
gp65: "In his own book Musharraf talks about of millions of dollars of bounty claimed by handing over Pakistanis to Americans."
Have you even read the book? I have and a total of 3 times. Musharraf clearly writes about the criteria of those who were handed over. They were "non-Pakistani" citizens of foreign countries whose own native countries "refused" to take them over. Do you get that? This is the reason that at Guantanamo, where all the detainees have been recorded, not a single Pakistani has said that they were sent over by the Pakistani government. Almost all of the Pakistanis were captured in Afghanistan by the ANA and sent/sold over to the US/CIA.
Khuda ka wasta, learn to be honest and truthful. You are digging your very own graves by continuing to lay lies at the foundation of this poor country. We are a nation of liars who have these dreams of grandeur and this is why we are never going to get to that state of grandeur. The rehmat of Allah swt has escaped us because of our lies and deceit in all matters.
it is a disgrace to be produced in courts of moles
@Rex Minor: Mr. Minor you are obsessional as far as racism is concerned! Treatment needed!
@gp65:
According to the article 232 of the constitution the govt can call an emergency so Mussharraf did not do a crime.
I think you have not read Musharraf's book" In Line of Fire". If you have read then you have not gave a wrong statement. The foreign taliban (uzbeck, chechens, etc) those talibans Musharraf first tried to deport them to their respective countries but they were not ready to eccept them. These foreign talibans have bounties on their head as well. Musharraf hand them to US. Why do you think a Pakistani taliban be handed to US. We have in our jails Pakistani plus some Afghan talibans eg Mullah Baradar and several of them Pakistan handed to Afghanistan and there are still some in jails.
People should verify the news before believing it. Musharraf's hard stand on the criminals and poliicians he made lot of enemy. If his enemies are saying then they will strecth the truth for sure. People have to keep this in mind.
Mr. Zardari all his term he sits in the President house or gone abroad because of the fear of Talibans. Mr. Nawaz Sharif also busy pleasing the talibans coz they are scared but Musharraf wont be like that. He is a cammando and a lion.
@Last Word:
According to the article 232 of the constitution, the govt has the authoriy to implement emergency so Gen Musharraf has not done anything wrong. Plus he consult the CM of all the provinces and the corp commanders and others. They all signed the declaration.
@MA:
When there is Govt interest then the names of the judges were picked up and send to the govt. Out of the five judges, three were picked and its head is also chosen all in one or two days. When they have to do something for the general public then it take months and years for any decisions. For eg to check the election results with Nadra thumb print. Is there anybody out there who will give relief to the awaam form these robbers and theives who looted and plunder the country and live live a king on poor peoples tax.
If Quaid-e-Azam had lived longer, he would probably have been charged for Treason in Pakistan.
i do not understand....AG Mr Malik is discussing a subjudice matter and also most of us....
@immortal_soloist: u r correct but the politicians / judiciary knew that the action of 12 Oct 1999, which was legalized by all the present judges, will haunt them if at any stage case against Gen M is taken up in future,hence these politicians added new clause 270 in 18th amendment which gave the politicians, judges etc; of the past " indemnity " that they will not be prosecuted against 1999 or any of the past coups....and today PPP who was the main party in adding 18th amendment in the constitution of 1973 is calling for the case against Gen M to start from 1999, such are our stupid, selfish politicians and judges of SC....remember ZAB was also hanged on wrong perception...there was no hard evidence that he even ordered the killing....only vendetta of Gen Zia....same in case of Gen M....vendetta ! maa ki dua kabhi raega nahi hota & insha Allah swt will do justice.....
To be fair, if he was to be stripped of the Nationality grante him, there is no charge against him.One cannot require from foreigners to be loyal to the constitution.
Rex Minor
@assad: "How many Pakistanis do you know of that were sold by Musharraf to the CIA? Can you name one?"
Go read his book before asking dumb questions. No one's making it up.
"Lal Masjid was his fault? How many children and women were killed there in your self-conjured fantasy? Do you know the name of a single child killed there? Lies after lies!"
Can you confirm if NO children or women were killed in Lal Masjid assault?
No one with an ounce of humanity would deny what Musharraf did in Karachi, with MQM's support, on the 12th May 2007.
Why did he promulgate the NRO? Who gave him the authority? Did he conduct any referendum like he did during his tenure? No! the answer is unequivocally NO. He was presurrised by UK and the US ambassadors to sign it. Go back and check it for yourself if you have any qualms about it. Reality is, that its true that during his era there was economic stability and cities were peaceful. But don't forget that he also allowed the US to use our land for attacking Afghanistan and later on his own country man. He surely did not foresee the repercussions his decisions would have. He abused and misused his powers. He installed people of his own choice without merit. Remember Dr Ashraf as PCB Chairman?
Having said all that. I believe Nawaz Sharif should also be brought in to courts regarding Asghar Khan case.
Define a quintessential internet TROLL - The one who supports Musharraf and IK at the same time and usually ends up "Liking" both the pages on Facebook....Buhahahahahahahhahahahahah! The irony is that no matter which way you look, both of them are losers!
Why not start it from Oct 1998 coup?
@Adnan Siddiqi: Do you even think about things before you vomit them out through the keyboard?
Rape of a woman is being put on Musharraf's head?
Lal Masjid was his fault? How many children and women were killed there in your self-conjured fantasy? Do you know the name of a single child killed there? Lies after lies!
People like you are the reason Pakistan is a cesspool of dishonesty because you cannot even speak the truth! You can lie all your life to further your ugly propaganda, but it smells and people know it from miles away.
Pakistan needs to come down hard on people like the violent perpetrators at Lal Masjid! May Allah save us from the fitna that these people have sown in this land of ours.
How many Pakistanis do you know of that were sold by Musharraf to the CIA? Can you name one?
May the Almighty spare us from fitna mongers like you. Carry on and your disgusting lies and hyperbole will be your undoing.
@Dilip: No Dilip, times has changed and the generals in Army are not about to commit suicide, the nation has matured and the generals can't keep their excess any longer. I think they will emulate Indian Army for the better.
All you commenters are going on tangents, what are the facts, to me the fact is he did stage a military coup in 1999 and then suspended the constitution in 2007 to keep himself in power, it was all done with the barrel of gun. I thought Pakistanis pay through their nose to keep the Army well fed and dole out all the perks these general require in order to safe guard the borders from external enemies. what right do they have to run the government for 10 to 13 years, it all started from Skinder Mirza and Ayub Khan, they should have been prosecuted too under the laws at that time so we would not be talking about another dictator today.Now the good news is that Musharraf will stand the trial and it will give some thought to those ruling elite that the laws of the land and the constitution of the country has to be taken seriously any more. It is not some piece of paper which could be torn in thousand pieces as another dictator general Zia has said in his time. Respect the constitution and laws of the land and the peace will prevail in the country.
@Adnan Siddiqi: So it's throwing out a corrupt, incompetent, government that had no regard for rule of law, who desecrated the supreme court with gangsters, usurped the consitution by changing laws to suit their own purposes, brought the country to bankruptcy, Karachi was in flames - yes I am talking about your favorite democratic government of Nawaz Sharif in his previous two turns as PM , as opposed to Musharraf ruling Pakistan for 9 years that brought International dignity, best governance, 7%-9% GDP growth, increasing literacy, lowering corruption and poverty to levels not seen in decades, setting up dozens of universities several with doctoral and research programs, a strong private sector, record exports, etc. etc. as the list of national achievements goes on. And all you have to show Musharraf in bad light are false cases? A president is not responsible for individuals acts, and NO women and children were killed in the Lal masjid case (except for the Mullah's mother who refused to leave). Please refrain from lies as everyone can see through them. I just hope one day we'll have a government as successful as Musharraf's before he allowed the so called democracy stalwarts back in and ruin the country once again.
@Ch. Allah Daad: and like how you would like to protect constitution? by killing or murdering people in the name of Treson? lol - wow...what a mind set we have here in the face of Mr. Ch. Allah Daad.
@Adnan Siddiqi: then, lets file a reference against Nawaz and Shabaz Sharif against ordering hijacking of Pakistan General's plane in 1999.
@Adnan Siddiqi: You have made up all the stories. Musharraf did the right thing for the country and all these so called democratic rulers are proving again that what Musharraf did was perfectly right.
It looks like that the NS has learned nothing from his foolish past. he does not care for the country and the people living it. He will soon be packing this time to reside in his country UK to expand his business empire there.
what about 12oct 1999..........[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]...the present C.J and parliament ..validated the act
Anyone who abrogates constitution, must be punished. If Musharaf is spared, next in line are Taliban and religious extremists who have shown least respect for constitution and democracy. We must show with example that we are serious to protect our constitution. Face book warriors who fooled Musharaf to go to Pakistan are not trustworthy. They will never come forward to protect our constitution. We have to do it ourselves.
Army doesn't have those balls anymore as it had in your command, Sir! Otherwise who on earth would dare to be humiliated by such a Democratic government, every inch of which is standing on the foundation of never-ending corruption. Alas! for such a disrespect to the only "Man" I have ever seen leading this nation with pride.
@Adnan Siddiqi:
how much more dumb can you get troll? read your comment again... the events that you so much enlisted are all before 3rd november 2007... that is the exact reason that everybody is saying that the pathetic league should start the trial form 1999... but no..anyways..its a big day for pakistanis as finally, we found our missing prime minister :) cheers...
The Army will have the last say, eventually!!!!! Just wait and see.
@Adnan Siddiqi: He did all these acts and must be regarded a true patriot and rewarded for his wisdom and his courage to see and accept the reality that stared us right into our eyes and threatened our continuity. All that I regret, the most prominent one is what President Musharraf did NOT do and that is ridding us of the gangs of charlatans that go for politicians here, he should have ensured that the nation was freed for ever to deal with this cabal of powerful gangsters who go pretending being our leaders. This whole gang of plotters and intriguers should have been sent where they belong and we should have been liberated finally and President Musharraf didn't do this and failed us and now must face their trickery and their designs.
@Sham Bayzee:
Read again buddy boy.....this trial has nothing to do with 12th October 1999 but rather 3rd November, 2007. Even if Musharraf proves that he acted in the best interest of the country back in 2007, Nawaz Sharif & Company would have nothing to do with it.
I am surprised that despite your lack of knowledge, there are 8 other dumb people who recommended your post.
@immortal_soloist:
Treason, usurping constitution, throwing an elected government at the barrel of a gun, sentencing an elected PM to death through kangroo and PCO courts on concocted charges, surrendering the sovereignty to the Americans without batting an eyelid, using the institution of the army to victimize political opponents and having them tortured by Majors and Colonels in safe houses just so that their loyalties can be bought, selling off Pakistani citizens to the gallows of Gitmo for $5K a pop, using ISI/Agencies and his cronies in uniform to prop up phony politicians who stole the election of 2002, condoning rape of Dr. Shazia by an Army Captain Hammad, giving free hand to MQM on May 12th 2007 to terrorize the CJ and kill 50 people which was hailed as a "Show of Strength," launching an armed and specialized assault to kill women and children at Lal Masjid and invoking a black law like NRO with PPP through an ordinance just to buy another 5 years of Presidency and save his skin........
If all of the above is classified as a "great contribution" by Musharraf to this country, then I feel mighty proud being Shameless.
OH another drama!!!
Treason amongst other cases against Gen Musharraf is easiest to prove since he misused his authority as army chief, acted against the constitution of Pakistan by overthrowing a democratic elected government. Documentary evidence in the form of address to the nation on TV channels becomes the key evidence which cannot be refuted by him. He might try to involve others but cannot deny his own complicity in this case.
Ok, so if it proved that Musharraf acted then in the best interest of the country based on circumstances, would the treason case be brought against Nawaz Sharif & Company?
You want to start the real trial!
Then start from 1999 when Nawaz Sharif hijacked Pervez Musharraf's plane. This current Chief Justice totally supported,at that time it was all fine and later all of this is treason. If one cannot see the absurdity in this case and personal vendetta,then they are absolutely blind. Pervez Musharraf was in Pakistan for almost an entire year after leaving the presidency,why wasn't there any prosecution at that time,why didn't these people bring up all these so called cases then.
This is "Judicial Terrorism" at play right here,they just want to take revenge against the man who saved this nation strategically. People can find all the evidence if they want to,but they choose to believe the rumours and the lies and do not look at real facts.
This government and all of its comrades are pathetic.
It is a shame how Pakistanis have forgotten the great contributions of Pervez Musharraf and do not see how he handled tough situations at the call of duty,instead they believe the emotional media hype against him and choose not to think for themselves.
Long live Pervez Musharraf!
Will now the Asghar Khan case be treated with the same urgency?
Please reenact the situation that caused him to take a decision that is being probed today. i believe he did what was necessary and to the best of his judgement. Furthermore, lets not forget the good things he executed during his tenure both as Chief of Army Staff & President of Pakistan.
If accountability is to be held. Then no one should be spared. just look at the plunder & looting done by past and present rulers. I know of no one except a few honorable people that are no more with us, who had devoted all their lives to serve our beloved country.
Treason ???. No Sir, wrong action. YES. Each day people at the helm of affairs betray and connive to survive their power and lust for the same at the cost of selling the very integrity of the country. That is what amounts to TREASON.
Musharraf, did not make it to be a four star general in our great institution. If it was not for the substance and character found in him.
May Allah provide guidance to the ignorant..
And people of Pakistan will keep suffering....................
its a staged drama.....nothing will happen to him....the proff is the case of Mr Haqqani....justice in this country is a myth
New army chief new chief justice and and complete silence on revealing their names make this preparation for treason trial quite chilling..
The punishment can either be death penalty or life imprisonment in this case - and in case proven untrue, the same penalty for the petitioner???
Lets hope the process is fair and transparent.........and not a re-play of the ZAB trial.
Just out of curiosity the judges and the lawyers prosecuting the general could given the nature of the case be ineligible as they are all related parties.