Former dictator General (retd) Pervez Musharraf. PHOTO: AFP
A three-member bench - headed by Justice Faisal Arab of the Sindh High Court (SHC) - will hear the case. The bench also includes Justice Syeda Tahira Safdar of the Balochistan High Court (BHC) and Justice Yawar Ali of the Lahore High Court (LHC) as its members.
The request that was submitted by the federal government at a special court on December 12 to start a treason case against Musharraf was accepted.
It was submitted by Interior Secretary Shahid Khan, stating that Musharraf had violated the constitution by imposing emergency rule in the country in November 2007.
Treason case
On November 17, the federal government had decided to initiate treason proceedings against Musharraf under Article 6 of the Constitution.
It had requested the Supreme Court on November 18 to constitute a ‘special court’ for the former dictator’s trial.
Attorney General Munir A Malik had said that there is strong evidence against Musharraf and that he can be sentenced to death or life imprisonment.
The federal government on December 9 finalised a charge-sheet, cataloging five charges against Musharraf including imposing emergency in the country on November 3, 2007, detaining superior courts’ judges and abrogating the constitution by imposing the Provisional Constitutional Order (PCO).
The decision to start this case came after Musharraf was granted bail in criminal cases against him, including the assassination of former premier Benazir Bhutto, slaying of Baloch nationalist leader Nawab Akbar Bugti and Lal Masjid siege.
COMMENTS (18)
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@Ch. Allah Daad: Chaudhry sahab, please read a little bit and get yourself educated on facts before commenting purely based on your sentiments. Declaration of emergency by military chief IS constitutional, while holding the constitution in abeyance was not illegal in 2007. The government's case rests on suspending a few judges for a few days and the PCO. That will be weak as PCOs before had been legitimized by the supreme court which set a legal precedence, and you cannot hold musharraf responsible for 18th amendment violation when it was not even in place in 2007.
@Mirza: You are entitled to your opinion but you are not entitled to make up your own facts and history. Musharraf was ligitimized as president by this very supreme court and this very chief justice (well retired for one day now). Dictators don't hold free and fair elections, they don't institute free media, and they are certainly not elected by a freely elected parliament (90% of which are in today's parliament), and they don't step down on their own by handing over the seat to elected offcials. Give me ONE example of a dictator who did all that? Musharraf did all this and a lot more for the country and that's why he is well liked in Pakistan and respected around the world. You can have your kind of democrats i.e. Nawaz and PPP, I would rather have the likes of Musharraf any day.
Just forget Musharaf and move forward.
Those who love Mush and do not want him to be called a dictator have great disappointment in waiting. A spade is a spade no matter what. History never calls a dictator a popularly elected leader. It is a fact and facts cannot be changed. In today's world there cannot be good dictators like a good murderer, good prostitute, good abuser of alcohol, good womanizer, great law breaker and so on. One man cannot be given the divine right to grab the leadership at will no matter what.
@Ch AllahDad: brother holding it in abeyance wasn't a crime in 2007 and was lawful. Word abeyance was added in 18 amendment in 2009. On the recommendation of PM i think it's 232 if I'm not wrong or some article which gives executive power for emergency back then. Musharraf has done nothing wrong. Hez a good man! I wish him well
Shame on ET editorial staff for continuing to wilfully refer to former PRESIDENT Musharraf as former dictator. You have received hundreds of comments on these forums asking you not to refer to him as dictator but you choose to purposefully ignore those comments. What gives you the right to call him a dictator when he was given a clean chit by the Supreme court and elected as President by the parliament? Stop your propaganda now! Is it too much to ask you to simply refer to him as former president or if that is too much for you to grasp them call him former military chief or retired general. I dare you to publish this comment.
This is obviously a big deal and it would be nice if ET explained why only a 3 man panel of judges gets to decide vs the entire SC. Doesn't make much sense to me.
E.T keeps on using word Dictator, just like all of Musharraf's opponents, you blindly don't differenciate between him and real dictator's who are ruling in the middle east,dictators don't set the media free,introduce democracy at grass root level,give women political opportunities etc,he did the opposite of what a dictator does,journalist keeps on following pmln rantings.
@Moiz Omar: So you think that abrogating constitution and declaring emergency to protect himself was a joke. We should just laugh at it.
ET - do you really know what dictator mean? blindly painting your pathetic thoughts on illetrate nation. Shame on you.
Musharraf Removed a Prime Minister & Judges by methods not prescribed in Constitution.
Chaudhary Iftikhar Removed a Prime Minister & Judges by methods not prescribed in Constitution.
If Musharraf is tried under Article 6, Why not Chaudhary Iftikhar?
The very begining of the case is selective and dubious. SO OUTCOME IS NEITHER ACCEPTED NOR LEGAL
Mere Non Sense . Musharraf is an innocent brave soldier . How can he be tried in a civilian court when his actions were taken as COAS of the army. Anybody has a clue?? I hope Justice will prevail and Musharraf will face this case and will get a clean chit Insha Allah!
All Jacks against one Lion
It has become life mission of ch. nisar and ministry of interior. the world is watching, don't forget that.
The report includes the last para which is very interesting
**
** Can any one tell me how many people were arrested, tried and punished for the role they played in the breakup of the country in 1971 and the crimes they committed against humanity.
None since it was not a VIOLATION OF CONSTITUTION. Pakistani Justice works on selective and communal line alone.
I think Musharraf should not be tried for treason. I think the only bad decisions he made during his Presidency was issuing the NRO, which set a lot of corrupt people free and putting Mukhtaran Bibi on the ECL.
ET do not use work dictator for Musharraf, who was far more democratic than the present ruling leaders. Contrary to the so called political leaders, Musharraf worked Pakistan and the people living in it. He will emerge victorious out of this case as well.