File photo of former president Pervez Musharraf. PHOTO: REUTERS
The decision to try him under the penal code grants the court the authority to issue an arrest warrant against the accused.
The decision was made by a three-member bench headed by Justice Faisal Arab on January 8 and Arab read out a part of the verdict today.
The senior counsel on Musharraf’s legal team, Anwar Mansoor, submitted a written objection asking the court to suspend yesterday's order which states that Musharraf must appear before the court on January 16. The court dismissed the request later in the day.
The court said Musharraf’s request for exemption will be granted if he makes the plea in person.
The former president faces 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.
The 70-year-old had fallen ill and taken to the Armed Forces Institute of Cardiology in Rawalpindi on January 2 as he was being transported under heavy guard to the court.
The court had exempted Musharraf from appearing before it in person because of his ill health but after viewing his medical records, it stated in a court order that the accused did not suffer a heart attack nor is his health suffering to such an extent that he is unable to appear before court.
COMMENTS (18)
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@ Wingo Sir I am as Pakistani as you are and proud to love Pakistan more than you do. We need to come out of this hecknied blaming others to be Indian. I strongly believe that there is nothing wrong to be Indian and condemn what Musharraf's lawyer said to a journalist. While the enemies of 19th & early 20th century have made strong friendship ties with their neighbors in the form of regional blocks for economic well being eg, EU, ASEAN etc there have been vested interests always trying to push Pakistan into hostility with India and wastage of precious economic resources meant for education, health, employment etc into unnecessary defense expenditures. Because they have their "cut" in the huge military spending. Regards, Shahid Kanchwalla Bangalore Town, Karachi, Pakistan.
Dear Readers & Bloggers, Before I even start please remember 'Pakistan is first' .....that means no one is more important than Pakistan- my motherland. We all acknowledge that democracy is good for the development of the country but democracy has to be a true democracy not the one that we see now in the country. Where politicians have been successful by rigging elections. There is no internal party democratic infrastructure to ensure that we have a genuine individual to lead the political system. Instead we see dynasties taking over the political system in the country.
It is vital for us to recognise that Musharraf would have never gone down the route of taking over the government but he was provoked by two main reasons; (I am sure we would do the same) 1. The state of economic affairs of the country. 2. His aircraft being diverted to another country. Both of these reasons actually demanded some sort of an action. Of course that was an elected governement with 70% majority votes etc. but we are missing the point that government was failing the country. Please note that in this day and age you don't need sophisticated weapons to destroy a country. The economic condition of the country determines if the country can survive. The question for the nation is that if the country is at the verge of collapse/ being destroyed (economically) who should take action to revive it or be the saviour. The only institution that has the power and discipline to succeed is the military; of course there may dearth of economist in the institution but we all know that there isn't any shortage of discipline to revive when it comes to the security of homeland.
If we are enjoying living in this so called democracy it is again because of Musharraf who was in favour of independence of media and handed us the chance to bring up this crude form of democracy. For the first time in the history of Pakistan and in Musharraf's tenure we had reached a stage in economic affairs where we were not asking for aid from IMF.
Not that I am in favour of military rule however our nation really needs to think about what have these so called democratically elected politicians have given us (most of them) up to this day. Probably Zulfiqar Ali Bhutto gets some credit for his UN speech and his stance.
I will not comment about our judicial system as the debate of which is beyond the remit of this article.
I very sincerely urge the nation to understand / recognise / justify before making any harsh opinions about individuals otherwise the history will not forgive us a nation.
@ Khawar The same argument can be used to ask was Pakistan better under British Raj or not? There was very low inflation and no chaos under British Raj. I think the British have gone But their representatives are still ruling here as Military Raj. They consider themselves to be of superior race and above the law of land.
For all Musharraf bashers - is Pakistan better off now or six years ago?
@naeem khan Manhattan,Ks: Corrupt democracy has to be answered, Pakistan's democracy is all about loot and plunder as much as possible by pmln and PPP,the army is the savior of Pakistan not the corrupt democracy who keep on shouting constitution constitution, Pakistan comes first not constitution constitution, are you people questioning all the loot and plunder the corrupt have gotten away with,you are also happy with the kangaroo court,Musharraf wants proper Justice not from a kangaroo court set up by the corrupt ex chief Justice, you just turn a blind eye to all this injustice,Musharraf's tenure did more for Pakistan than all your years of combined corrupt democracy put together,one major thing he achieved was living conditions of the poor improved,something corrupt democracy will never achieve,your stance is of the corrupt,how dare you call him a coward,cowards are those leaders who come through a brokered deal,Musharraf is a true brave patriotic commando of Pakistan, he has been in the battlefield,not a general who sat in the office command centre,all those people who believed he would never return proved you all wrong,the best leader for Pakistan,
And I ask those people who oppose Musharraf's actions and the lovers of so called democracy. What has democracy given us? Despite east Pakistan having majority of votes a so called democratic dictator divided Pakistan for his ego because he wanted to lead it despite losing. Then on from 1988-99 11 years democracy straight up nothing but corruption. Then came Musharraf and Pakistan recovered but then on your so called democracy is further plunging Pakistan into devastation. Just a word for democracy lovers and supporter. Democracy is a model for countries where you have educated people not where you have slaves who sell their votes to their tribal lords for a meal. Get real and wake up. Stop damaging the Army the only left institution of Pakistan. These so called currupt politicans who have in the past done nothing but create a fortune for themselves will always use the means of democracy so called democracy because they are professional politicians its their profession. Please Pakistan wake up.
@Naim: it is simple either you respect and and obey your own constitution and laws of the land or considered your country as a lawless country in the world community which it seems on the slippery slope already. You people can't see beyond your ethnicity, it is time that dictators all over the world should be brought to justice. What right Musharraf had to stage a military coupe and take over with force an elected government and who is he to think that he is above the law. Men with integrity and some gumption should stand up to any adversity in their lives and quit hiding behind ill health and planting explosives. I say act as a man and not a coward and this was the man who was the commander of a very proud Army. He is pathetic.
All Musharraf bashers: Constitution is for Pakistan - Pakistan is not for constitution. If Pakistan is falling apart then what is constitution for. If looters go scot-free then what is constitution for. Please awake up, Pakistan is falling apart under the disguise of democracy.
@Nida Alvi: constitution constitution you cry,the great Musharraf did everything for the betterment of Pakistan,unlike every corrupt democracy who amass personal wealth and stash it abroad,ask the vast majority poor population of Pakistan,who enjoyed life under Musharraf's rule,there never will be western style democracy in Pakistan,army will have to intervene again sometime in the future, constitution was held in abeyance,at the time it was not a crime,the corrupt deliberately included it in the 18th amendment,people are overlooking the corrupt ex chief Justice decision of July 2009 who declared it void.and media hyping up treason treason, hoping inshallah Musharraf is cleared and will rise again.
@ shah As if you are talking about the Army is of an enemy country! Please don't forget that Army is also a state institution and is run on taxpayers money. Like all other civilized countries, Pakistan Army is also bound to follow the Constitution.
It is quite intriguing a few Musharraf-apologists still show disrespect to the Constitution. If a bus driver can be penalized for ordinary traffic violation why some people consider themselves to be above the law? They need to learn from Chile.
Musharaf, The Enlightened Moderate
Good decision by the court. Strong arm of the law should tame the self styled commondo and should set an example for all those aspiring to conquer their own country using 111 brigade.
So the court is determined to corner Musharraf to the best possible limit they can.
They and the govt. should be very careful not to drag the issue to that extreme extent where Army intervention will become inevitable.