December 24 hearing: Musharraf summoned for landmark trial
Venue of the trial has been shifted to National Library from Federal Shariat Court.
The former president faces five treason charges for imposing emergency rule in the country on November 3, 2007, putting superior court judges under house arrest, and abrogating, subverting and suspending the Constitution by imposing a PCO. PHOTO: REUTERS/FILE
ISLAMABAD:
The landmark treason trial against General (retd) Pervez Musharraf will open on December 24, the day that the former military ruler has been asked to appear before the special court hearing the case.
The three-member court issued the summons 24 hours after the federal government filed an application, requesting that it formally start the trial. The application was filed by Interior Secretary Shahid Ali Khan, the complainant in the case, with the special court registrar, Abdul Ghani Soomro on Thursday. A five-point charge sheet against Musharraf was also attached.
“The special court reviewed the complaint before issuing the summons,” said an official of the interior ministry.
The former president faces five treason charges for imposing emergency rule in the country on November 3, 2007, putting superior court judges under house arrest, and abrogating, subverting and suspending the Constitution by imposing a Provisional Constitution Order (PCO).
The nine-page charge sheet also includes assumption of powers by Musharraf to amend the Constitution.
In light of the inquiry report prepared by the Federal Investigation Agency (FIA), the charge sheet holds Musharraf ‘solely responsible’ for suspending the Constitution. And the government official claimed they have ample evidence against the former military ruler.
The three-judge special court is headed by Justice Faisal Arab of the Sindh High Court and has Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali of the Lahore High Court as its members.
An interior ministry official said the venue of the trial has been shifted to the National Library from the Federal Shariat Court at the government’s request.
The documentary evidence collected through the ministry of law, justice and human rights, Pakistan Television (PTV), Printing Corporation of Pakistan and the cabinet division include notifications issued of the 2007 Emergency declaration, copies of orders making judges of the superior judiciary dysfunctional, and orders for the appointment of new judges under the Provisional Constitution Order.
“These notifications carry the signatures of former president and army chief Pervez Musharraf and of the then cabinet secretary, Masood Alam Rizvi,” the interior ministry official said.
The government’s evidence explicitly stated that Musharraf unlawfully amended Articles 175, 186-A, 198, 218, 270B and 270C of the Constitution by issuing the Constitution (Amendment) Order, 2007.
Parliament never validated any of the unconstitutional orders and acts of the former dictator and the 18th Amendment purged the 1973 Constitution of all such provisions that were unlawfully added, according to the government’s complaint.
“He (Musharraf) also suspended the fundamental rights enshrined in Articles 9, 10, 15, 16, 17, 19 and 25 of the Constitution, subverted the Constitution and thus committed the offence of high treason,” reads the complaint.
The witnesses cited in the complaint include the inquiry officers from the FIA – directors Hussain Asghar and Maqsoodul Hassan and additional director-general Khalid Qureshi – besides Talib Hussain from PTV, Kaleem Shehzad from the cabinet division, and Taj Umer Khan from the law ministry.
The special court has also sent copies of the reference to Musharraf’s legal team. Musharraf denies the existence of any written orders that could be used against him.
Ahmed Raza Kasuri, a member of Musharraf’s legal team, says the government is deliberately hiding para 2 of Article 6. “Para 2 has these three magic words: ‘collaborators, abettors or those who aid’. All the collaborators are guilty of treason,” Kasuri told The Express Tribune.
Published in The Express Tribune, December 14th, 2013.
The landmark treason trial against General (retd) Pervez Musharraf will open on December 24, the day that the former military ruler has been asked to appear before the special court hearing the case.
The three-member court issued the summons 24 hours after the federal government filed an application, requesting that it formally start the trial. The application was filed by Interior Secretary Shahid Ali Khan, the complainant in the case, with the special court registrar, Abdul Ghani Soomro on Thursday. A five-point charge sheet against Musharraf was also attached.
“The special court reviewed the complaint before issuing the summons,” said an official of the interior ministry.
The former president faces five treason charges for imposing emergency rule in the country on November 3, 2007, putting superior court judges under house arrest, and abrogating, subverting and suspending the Constitution by imposing a Provisional Constitution Order (PCO).
The nine-page charge sheet also includes assumption of powers by Musharraf to amend the Constitution.
In light of the inquiry report prepared by the Federal Investigation Agency (FIA), the charge sheet holds Musharraf ‘solely responsible’ for suspending the Constitution. And the government official claimed they have ample evidence against the former military ruler.
The three-judge special court is headed by Justice Faisal Arab of the Sindh High Court and has Justice Tahira Safdar of the Balochistan High Court and Justice Yawar Ali of the Lahore High Court as its members.
An interior ministry official said the venue of the trial has been shifted to the National Library from the Federal Shariat Court at the government’s request.
The documentary evidence collected through the ministry of law, justice and human rights, Pakistan Television (PTV), Printing Corporation of Pakistan and the cabinet division include notifications issued of the 2007 Emergency declaration, copies of orders making judges of the superior judiciary dysfunctional, and orders for the appointment of new judges under the Provisional Constitution Order.
“These notifications carry the signatures of former president and army chief Pervez Musharraf and of the then cabinet secretary, Masood Alam Rizvi,” the interior ministry official said.
The government’s evidence explicitly stated that Musharraf unlawfully amended Articles 175, 186-A, 198, 218, 270B and 270C of the Constitution by issuing the Constitution (Amendment) Order, 2007.
Parliament never validated any of the unconstitutional orders and acts of the former dictator and the 18th Amendment purged the 1973 Constitution of all such provisions that were unlawfully added, according to the government’s complaint.
“He (Musharraf) also suspended the fundamental rights enshrined in Articles 9, 10, 15, 16, 17, 19 and 25 of the Constitution, subverted the Constitution and thus committed the offence of high treason,” reads the complaint.
The witnesses cited in the complaint include the inquiry officers from the FIA – directors Hussain Asghar and Maqsoodul Hassan and additional director-general Khalid Qureshi – besides Talib Hussain from PTV, Kaleem Shehzad from the cabinet division, and Taj Umer Khan from the law ministry.
The special court has also sent copies of the reference to Musharraf’s legal team. Musharraf denies the existence of any written orders that could be used against him.
Ahmed Raza Kasuri, a member of Musharraf’s legal team, says the government is deliberately hiding para 2 of Article 6. “Para 2 has these three magic words: ‘collaborators, abettors or those who aid’. All the collaborators are guilty of treason,” Kasuri told The Express Tribune.
Published in The Express Tribune, December 14th, 2013.