Special court rejects Musharraf's request for trial under Army Act

Bench says Army Act does not apply in the case because Musharraf is not a military official any more.

Afp/Web Desk February 21, 2014
Former president General (retd) Pervez Musharraf. PHOTO:AFP

ISLAMABAD: The special court on Friday rejected former president Pervez Musharraf’s request which called for holding his trial in a military court instead of a civilian court, Express News reported.

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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COMMENTS (24)

Assad | 6 years ago | Reply | Recommend

@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.

Crazy Canuck | 6 years ago | Reply | Recommend Persecute the patriots and protect the usurpers. That's the Pakistani way.
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