Musharraf can be arrested without a warrant, says Justice Faisal Arab

Published: January 1, 2014
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Former president Pervez Musharraf. PHOTO: AFP

Former president Pervez Musharraf. PHOTO: AFP

ISLAMABAD: During the hearing of the treason case against former president Pervez Musharraf, Justice Faisal Arab said Musharraf’s offense is non-bailable and he can be arrested without a warrant, Express News reported Wednesday.

The former president failed to appear before the court today, citing security threats. Musharraf’s advocate Ahmed Raza Kasuri said that security was still an issue, stating that a kilogramme of explosive materials was found near Musharraf’s farmhouse this morning.

This is the third time that small quantities of explosives have been found near Chak Shahzad farmhouse. On December 31, 2.5kg of explosives were found around two kilometers away from the farmhouse.

A 5kg bomb, two pistols, a five-meter detonator wire and 16 bullets were also recovered on his route to court on December 24.

Musharraf had failed to appear before the court on December 24 and the hearing had been adjourned to today. He was due to appear before the special court to face treason charges under Article 6 for suspending, subverting and abrogating the Constitution, imposing an emergency in the country in November 2007 and detaining judges of the superior courts.

Justice Faisal Arab retorted that courts continue to operate during wars, adding that Musharraf cannot avoid the hearing because of security threats.

Musharraf was provided with adequate security to come to court and return to his farmhouse after the hearing, Security Division Jan Mohammad told the court.

When asked if the former president was provided with a bullet-proof car, the DIG said he was not given one.

During the hearing, Kasuri alleged that Prosecutor Akram Sheikh was Prime Minister Nawaz Sharif’s cohort to which Sheikh responded, “If the court thinks I am biased, I will leave right now.”

Musharraf’s counsel also requested the court to delay the hearing for five weeks.

The hearing was adjourned to Thursday by a three-member bench. Musharraf was asked once again to make the appeal in person.

Background

Musharraf had dismissed the treason charges against him as politically motivated and is expected to appear in person, after legal efforts to have the tribunal ruled invalid failed.

It is the first time in Pakistan’s history that a former military ruler has been put on trial for treason.

Prime Minister Nawaz Sharif, who won a third term in May’s general election, was the man Musharraf ousted in his 1999 coup and the former general’s lawyers say he is using the case to exact revenge.

Since returning from self-imposed exile in March to run in the election, Musharraf has faced a range of serious criminal cases dating back to his 1999-2008 rule.

He stands accused of murder over the death of former prime minister Benazir Bhutto, killed in a gun and suicide attack in December 2007, as well as charges over the death of a rebel leader, a military raid on Lal Masjid and the detention of judges.

Musharraf was put under house arrest in April over the cases but was granted bail in each, one by one.

There have been persistent rumours that a deal would be struck to let him leave Pakistan before facing the courts to avoid a clash between the army and government.

But no deal has been forthcoming and last week, speaking publicly for the first time since his house arrest began, Musharraf vowed to stay and fight to clear his name.

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Reader Comments (62)

  • Khan
    Jan 1, 2014 - 11:49AM

    This explosives story is becoming a joke. Is there an explosives farm nearby that small quantities are being deposited close to Musharraf’s house everyday?

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  • John Q
    Jan 1, 2014 - 11:54AM

    Musharraf returned to Pakistan to face any cases against him, but now is too scared to go to Courts. What a joke the dictator has become.Recommend

  • RUKHSAR
    Jan 1, 2014 - 12:07PM

    Ya Allah, bless Pervez Musharraf. plzzzzzzzzzzzzzzzzz

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  • Nikki
    Jan 1, 2014 - 12:07PM

    He will never apear.The Commision should be set up at his farm house.

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  • Jan 1, 2014 - 12:18PM

    Stay safe, the pride of pakistan, pervez musharraf.

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  • Jan 1, 2014 - 12:31PM

    A commando afraid? Should face up to and listen to what the court says.

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  • Nikki
    Jan 1, 2014 - 12:32PM

    @John Q:
    Politically motivated and partilal commission is in fact big a jok.

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  • Jan 1, 2014 - 12:47PM

    Vendetta everyone knows. Why Musharraf alone? Why not all the Core Commanders? Why not all the Judges? Why not Political Establishment?

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  • Last Word
    Jan 1, 2014 - 12:50PM

    The drama continues………

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  • shaista
    Jan 1, 2014 - 12:55PM

    But didnt Mr Dictator said “Mein kisi se darta wurta nahin hon!”

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  • AK47
    Jan 1, 2014 - 1:07PM

    @Annie Khan:
    Its against the prestige of Perverz Mushraff to appear before a biased judiciary.

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  • John Q
    Jan 1, 2014 - 1:11PM

    @Nikki:
    The explosives are being found along the road to the farm house, they are also a message for the judges to dare not come there. Genius.Recommend

  • Ajab Khan Baloch
    Jan 1, 2014 - 1:20PM

    What drama and tamasha. Article 6 of the Constitution is clear and should be invoked according to law.

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  • Faisal Arab
    Jan 1, 2014 - 1:29PM

    All Musharraf haters can go to China Town. If the Judiciary refuses to respect the law. They will be made a mockery. No need to appear in court before this sham tribunal. Under the constitution he should be tried under the Army act.

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  • John Q
    Jan 1, 2014 - 1:31PM

    @Nikki:
    The joke is that the Commando who was “scared of nothing” is holed up in his home for the last 9 months. It was his disconnect with reality that led him back to Pakistan.

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  • Taseer Siddiqui
    Jan 1, 2014 - 2:01PM

    Pakistan has been sobotaged for the past 6 years. Look at the economy. Rupee has devalued from 60 to almost 110 against the dollar. It’s a conspiracy as well as getting a revenge and making it even by the non-performing leaders since more than 25-30 years and even beyond. It’s a clear conspiracy to divide the army, politicians, people to nothing but weaken Pakistan. Pakistan was going upwards towards development during 1999 to 2007.

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  • Hag wolmort
    Jan 1, 2014 - 2:08PM

    Basically pakistan court is the biggest joke in the century.

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  • sabi
    Jan 1, 2014 - 2:19PM

    Now seriously shadows of doubt are deepening that explosives are self planted.
    @sanevoice:
    “Vendetta everyone knows. Why Musharraf alone? Why not all the Core Commanders? Why not all the Judges? Why not Political Establishment?”

    Law will not change just because some people don’t like it and that too after committing crime.Leave the trial of whole nation on Almighty and let the state deal with individual.Political leadership is mature enough to deal with such tactics.There is tough time ahead of Musharaff.He left no stone unturned to sink the ship of Pakistan.That include civil and military institutions.He strengthen only one thing-Militancy.Who gave him this right.If he wants to escape trials he must apologies to nation and admit his crime.May be there is a chance.

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  • mano
    Jan 1, 2014 - 2:48PM

    He should be freed, he is just suffering political victimization and nothing else

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  • Munir
    Jan 1, 2014 - 2:50PM

    ET looked too biased and discriminatory. My many comments in Musharraf’s favor have not been published since last two days or so. it seems someone is so afraid of Musharraf’s growing popularity.

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  • Anjum Arshi
    Jan 1, 2014 - 2:52PM

    @AK47:

    The Gun is the law. Everything else does not matter. The AK47 is dead; Long Live the AK47.

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  • Anjum Arshi
    Jan 1, 2014 - 2:54PM

    @Faisal Arab:
    Not true. Under the constitution, he must be tried under a civil court.

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  • Anjum Arshi
    Jan 1, 2014 - 2:55PM

    He is mocking the Judiciary, just as he has always mocked the constitution. That’s what the Generals think that they are above the laws, because they are the ‘martial men’.

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  • asim
    Jan 1, 2014 - 3:07PM

    Its shame explosives are found in Islamabad? and former COAS is not safe?

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  • excalibur
    Jan 1, 2014 - 3:12PM

    ET please do not censor comments exposing the charade of justice

    Justice Arab continues to show his personal hate and bias What a Kangaroo Court

    May Allah save Pakistan

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  • Taseer Siddiqui
    Jan 1, 2014 - 3:37PM

    Article 6 ought to be applied on many people including Nawaz Sharif for siding with despicable Zia, Iftikhar Chaudhry and his cronies for validating 1999 coup, all judges who ever took oath under PCO, all Generals who abetted in commission of treason, etc. etc

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  • AK47
    Jan 1, 2014 - 4:04PM

    Arrest Taliban leaders if u dare to Justice Faisal Arab.

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  • Jan 1, 2014 - 4:12PM

    Who put explosive materials and detonatore beside chak shezad despite heavy security. Imagine Police and rangers batalions are always on standby security 24/7. how come it possibel?

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  • Naim
    Jan 1, 2014 - 4:16PM

    @AK47: Corrupt judiciary is afraid of Taliban, consequences would be judges and their families being killed, Pakistan is a lawless country.

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  • khanwali
    Jan 1, 2014 - 4:37PM

    let musharraf face the law of nature……jesa kaogy vesa barogy….

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  • AAK
    Jan 1, 2014 - 4:42PM

    @Munir:
    You are right this ET not displaying comments in favour of Musharraf, entertaining only Pro -Govt Version as being Paid by them.

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  • polpot
    Jan 1, 2014 - 4:48PM

    Security threat as Savior
    +++++++++++++++++++++
    Zardari doesnt appear in Court
    Musharraf doesnt appear in Court.

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  • Jokeoftheyear
    Jan 1, 2014 - 4:57PM

    Musharraf too afraid to come out of his house?! Ha ha ha. He should stop hiding.

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  • Abul Kalam
    Jan 1, 2014 - 5:11PM

    Come on COMMANDO !

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  • Umer Ahmed
    Jan 1, 2014 - 5:31PM

    what honor is there in making excuses or putting explosives? Die with honor rather than humiliation. The most powerful “bhutto” was hanged let see what happens to him!

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  • Sexton Blake
    Jan 1, 2014 - 5:55PM

    Readers keep writing in and belittling Pakistan, which I usually do not agree with, but the current confrontation between an ex-petty dictator and the countries legal system is becoming amusing although somewhat embarrassing. If this was happening in most Western countries an armored vehicle with several supporting vehicles and many armed men would have surrounded the former President’s farmhouse the first time he failed to show up. What he is doing is no less than a putdown on the Government of Pakistan, and I am afraid they are letting him get away with it.

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  • Ch. Allah Daad
    Jan 1, 2014 - 6:28PM

    And coward of the year award goes to Commando.

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  • yasin
    Jan 1, 2014 - 6:32PM

    Federal Government and to be precise mian NS is making joke of himself by creating this drama, wasting public money. what a joke that in this land of pure where an accused blamed to be involved in the lowest crime is arrested,thrashed brutally and thrusted behind the bars but the high treason accused is free to give interview to local and foreign media, instigate the army and its chief to interfer, address the exserviemen through video link to take out processions. Who is allowing all this,certainly the government of mian ns. For God sake stop this drama and let mushraff go abroad hounrably, which is the ultimate outcome of this entire episode. It perhaphs needs hundred years more when pakistan will have a strong political government, powerful enough to try the generals.

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  • Partner
    Jan 1, 2014 - 6:32PM

    God is watching injustice.God is great.

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  • hussain
    Jan 1, 2014 - 6:41PM

    court of pakistan is joke they doing wrong to musharraf it revange

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  • Zif
    Jan 1, 2014 - 6:41PM

    You mean to say house arrested. Surely no army chief, retired or serving, can go to Adiala jail. Or lets say no one dare send army chief …

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  • fawad
    Jan 1, 2014 - 7:09PM

    Every time Musharaf is ordered to appear in court, agencies find explosives outside his house. So maybe agencies are falsely creating this drama to save his face. It makes sense if you know that Army controls these agencies.

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  • Rexx Minor
    Jan 1, 2014 - 7:32PM

    Where are his ET fans who were praising him for his bravery. How can one arrest a man when he is already in a prison? Remember, his palace farm being made as a Jail? What is preventing the court from hold the trial in his jail house as well? I have read stories about other Generals who spared the family from degradation and took the pill.

    Rex Minor

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  • Naim
    Jan 1, 2014 - 7:34PM

    @yasin: why should Musharraf go abroad, he is in his own country, he is ex President, army chief, is free to give as many interviews he likes,the world wants to hear one and only leader of Pakistan, who did so much for Pakistan, who are you to say corrupt Nawaz sharif should not allow him to address ex service men etc,he is a free man who has not been proved guilty,he is the most patriotic valiant commando of Pakistan.

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  • Rex Minor
    Jan 1, 2014 - 7:38PM

    And this is the man who once headed Pakistan? They authorities should check the guys DNA to confirm his identity.

    Rex Minor.

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  • Dr.A.K.Tewari
    Jan 1, 2014 - 8:06PM

    judiciary in Pakstan is not reliable . These PCO judges are not compliant enough to hear the case of Musarraf they may create problem before the present government .

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  • Naim
    Jan 1, 2014 - 8:23PM

    @Rexx Minor: Hatred of Musharraf continues,for your kind information propaganda, Musharraf’s farmhouse is no longer declared a sub jail, he received bail for all the concocted cases,he being ex President and army chief,is entitled to full round the clock security.

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  • saeed
    Jan 1, 2014 - 8:35PM

    @shaista:

    And that is exactly why he is not going to court because he is not scared of this kangroo court.. They need to arrest him, if they have courage.

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  • Jibran
    Jan 1, 2014 - 9:33PM

    Why Akram Sheikh is being given all the cases. He’s a third rate lawyer, but due to association with the Sharif Family he is being blessed with hefty retainers running in 100s of millions.

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  • Naim
    Jan 1, 2014 - 9:34PM

    @John Q: Fact is he does not want to face a kangaroo court set up by the corrupt ex chief Justice and corrupt prime minister N Sharif,personal vendetta court full of biased judges, most people are just following biased media coverage, just a few tv anchors have uncovered what is going on,Musharraf wants proper Justice,a lot of people have no idea of this kangaroo court,they lack the facts.

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  • Mehboob Ali
    Jan 1, 2014 - 9:50PM

    Talking to Those militants who is against the whole constitutions of Pakistan, But a treason case against the one who broke the article 6 in order save the country and its citizens. God is watching this injustice and soon they will be crashed. Iftikhar Chuadry was the Chief Injustice of the whole universe.

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  • imran ali
    Jan 1, 2014 - 10:10PM

    judicial dictatorship…

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  • Altaf Hussain
    Jan 1, 2014 - 10:28PM

    Quite astonishing that ET has started writing Musharraf as “former President” and not writing the correct narration as “former Dictator“!!
    Perhaps some explosive-laden bag was found near the office of Express Tribune (similar to the bags that appeared thrice on each date of Musharraf’s scheduled appearance in Court) to force it to change the narration.
    Despite a few pseudo-intellectual “liberals” trolling Musharraf on social media, it is a fact that he overthrew an elected government on the night of 12th October 1999. He pushed Pakistan into an unending war that has swallowed 50,000 Pakistanis to get $$$ from USA (he has already confessed it in his book).
    He signed NRO to waive more than 8,000 cases of corruption in order to prolong his Dictatorship. On 3rd November 2007, he proclaimed 2nd Martial Law (a unique record of dictatorships anywhere in the world), blacked out the media and put more than 60 judges along with their families in jail.
    All these actions including high treason & subversion of Constitution warrant article-6 of the Constitution, the punishment for which is nothing less than death penalty.

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  • FAWAD
    Jan 1, 2014 - 10:36PM

    From where I m seeing it, the special ones are again selling Musharraf head to create space for their illogical arguments. They are failed previously and will fail again at the face and at the intent of their souls.

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  • Daal chana
    Jan 1, 2014 - 11:26PM

    Those calling him a coward are completely missing the facts and blinded by their political association.
    If he was a coward, why would he leave the rest of the world and come to the most dangerous country in the planet? The country where people have put a bounty on this head and openly urged murder?

    Is this the kind of law and justice being upheld in Pakistan?

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  • Pakistani Patriot
    Jan 2, 2014 - 12:18AM

    To all the Musharraf haters here: Musharraf is brave but not stupid. All those who are calling him coward simply want him killed. It would be stupid to expect him to be escorted without a bullet proof vehicle with all the threats to his life. Moreoever, there is a petition challenging the constitutionality of this special court – which was requested by Nawaz Sharif and filled by Iftikhar Chaudhry with Musharraf opposed judges. Until that petition is decided by the supreme court’s unbiased judges bench Musharraf should not appear before this kangaroo court. Sorry to blow your bubble!

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  • Rex Minor
    Jan 2, 2014 - 4:37AM

    @Pakistani Patriot:

    I do not see any hate among the commentators but a total rejection of the napoleanic military dictators who resort to the use of force instead of seeking approval from the electorates to rule the country. What makes Pakistan different from countries in the middle east and those of the African continent, is the question you must ask yourself.
    It is your country not mine Sir. Do not support the city of Islamabad becoming the military cantonment and turning it into a cemetry of mosques

    Rex Minor

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  • RUKHSAR
    Jan 2, 2014 - 9:40AM

    @Naim:
    Justice in Pakistan?.. never ever.. only punished who innocent.. criminals are free to do more crime.

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  • Sexton Blake
    Jan 2, 2014 - 10:13AM

    @RUKHSAR:
    Why should Pakistan be different from all the other countries.

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  • RUKHSAR
    Jan 2, 2014 - 10:57AM

    @Sexton Blake:
    because of Corruption..from top to bottom.

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  • Aschraful Makhlooq
    Jan 2, 2014 - 12:42PM

    Has ever any general been arrested in Pakistan’s history that Musharraf will be arrested?
    Pakistani courts think what can never be happened in Pakistan……Recommend

  • shakir shamim
    Feb 22, 2014 - 5:00PM

    Noone is above law law should prevail.It will be a good example for ithers who violate contitution.He should be dealt accordiong to law.Recommend

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