Former president General (retd) Pervez Musharraf. PHOTO:AFP
Musharraf had challenged the authority of the special court and had said that he was an on-duty army officer when he took alleged actions for which he was being arraigned. Hence he should be tried under the Army Act.
The court verdict said that Musharraf will be tried by the special court as it was constituted specifically for this purpose and that the Army Act does not apply in the case because he was not a military official any more.
The bench also ordered the former military dictator to appear before the court on March 11 when it will indict him.
“This application is dismissed,” lead judge Faisal Arab said in his concluding remark at the end of the hearing.
Musharraf’s lawyer Ahmed Raza Kasuri, while speaking to the media, said the court order was factually wrong because Musharraf was the army chief when he signed the proclamation declaring emergency in the country.
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The three-member special court, let by Justice Faisal Arab, had reserved judgment on the issue of jurisdiction of the court and biasness of the bench on February 18 and announced it today (February 21).
Musharraf 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.
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@Rex Minor:
Musharraf has more guts than all of your uber democrats put together who are running around talking about the sanctity of constitution. He showed up in every single court for those fake cases around bugti, BB, and Lal Masjid episodes. Don't mouth off about the military hiding him. Its a matter of principle. If you want to take him to task, then why are you and like minded politicians pussyfooting about opening the case against him for the 1999 takeover? No takers there I see...
The reason is because self preservation over rules everything and hypocrisy is the order of the day for our politicians. He is being tried for breaking a law which came into force in 2010. How can you use that to retroactively try him? All logic and sense has taken leave of our people and now we are simply left with a mob frenzy to try Musharraf for the sake of trying. Not a thing will be fixed because of his takeover. If anything, the military is taking copious notes on what not to do when the next takeover happens. The reason for this is because our civilian politicians have not learned anything either. Justice has to be seen being done. Not the case here by any measure.
@imran ali: The LEA's target criminals only. Stop looking through tainted glasses. (An urdu-speaking person.)
Musharraf's defense attorneys are wasting the precious time of the Courts by fighting the Courts but not the case. The simple fact is not clear to gullible idiots that Musharraf violated the Constitution which is a treasonable offence and must by tried in the Supreme Court, the Guardian of the Constitution and the Highest Court of the country.
Notwithstanding the legal procedures of the country, the General represented the honour of the Pakistan army since he has not been stripped of his rank and was even discharged with honour. This is the true sample of Pakistan army which took over the repressive role of the colonial army in 1947 and has ever since been maintaining it and every now and then been in the interim allowing the civilian self rule. Today, in the garrison towns in KPK a curfew is in place with army taking over the administration and military operations in the autonomous region are ongoing, without any approval from the parliament.. The judiciary has a major task to tackle the current military brass which is providing refuge for.the fugitive in the medics wing of the military headquarters.
Rex Minor
If he is being tried for the past...then all action taken by him should also be declared null and void...like election of 2008 ,appointment of khayni as COAS...
2 easy targets for judiciary and LEAs....MQM and Mushraf...both urdu speaking
@Deendayal M.Lulla: You are right, President Musharraf was COAS at the time of alleged commitment of 'High Treason' and can not be tried according to wishes of any. But, remember, this is very "Special Court" with very extra ordinarily special orders. In my view, it's time that Pakistan Army should also take special measures and act differently as this extra ordinary circumstances demand. Army top brass, must immediately re-appoint their former COAS General Pervez Musharraf as it was done in case of some other officers in not too distant past.
Musharaf broke the Constitution which amounts to High Treason and he should be tried for High Treason according to law. The Court should now not be as lenient towards him. NAB should also inquire from where did he acquire all the assets which are in Bank as per public information and properties in London and Dubai.
come on dudes, you believe an army court will set him free and judgement would be free and fair like AFIC report :D But what he did had nothing to do with army, he played with the constitution and this country...Let him prove his innocence in front of the court, instead of presentinf medical reports..... Be a man just for the sake of SSG reputation :P
Musharraf was in the army. He is being tried for his past actions. If the court says that he is not a military man now,then why he is being tried for his past actions.
The law should be followed and upheld irrespective of who is being tried......this is the only way that cedibility will be restored.
Another twist in serial or just increase in number of episodes???
Hero remains hero - these Kangroo courts cannot down our hero .
Get ready.Musharraf is now poised further for a midnight escape.
Bias of the Tribunal is now exposed beyond any shadow of doubt. Musharraf had signed the Emergency Order as COAS and NLC Case of recent origin is a clear example of 3 Generals tried under Army Court not Civilian courts
Vendetta at its worst
Indeed this judgement was expected. The victimization process continues.