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

Published: February 21, 2014
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Former president General (retd) Pervez Musharraf. PHOTO:AFP

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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Reader Comments (24)

  • salim
    Feb 21, 2014 - 12:20PM

    Indeed this judgement was expected. The victimization process continues.

    Recommend

  • excalibur
    Feb 21, 2014 - 12:31PM

    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

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  • lalai
    Feb 21, 2014 - 12:39PM

    Get ready.Musharraf is now poised further for a midnight escape.

    Recommend

  • NDC
    Feb 21, 2014 - 12:47PM

    Hero remains hero – these Kangroo courts cannot down our hero .

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  • Umer
    Feb 21, 2014 - 12:59PM

    Another twist in serial or just increase in number of episodes???

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  • Parvez
    Feb 21, 2014 - 1:08PM

    The law should be followed and upheld irrespective of who is being tried……this is the only way that cedibility will be restored.

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  • Deendayal M.Lulla
    Feb 21, 2014 - 2:04PM

    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.

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  • najam
    Feb 21, 2014 - 3:16PM

    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

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  • H.A. Khan
    Feb 21, 2014 - 3:18PM

    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.

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  • Uza Syed
    Feb 21, 2014 - 3:24PM

    @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.

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  • imran ali
    Feb 21, 2014 - 3:38PM

    2 easy targets for judiciary and LEAs….MQM and Mushraf…both urdu speaking

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  • ali ahmed
    Feb 21, 2014 - 3:42PM

    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…

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  • Rex Minor
    Feb 21, 2014 - 3:46PM

    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

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  • Succor
    Feb 21, 2014 - 3:54PM

    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.

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  • faisal
    Feb 21, 2014 - 5:14PM

    For all offences committed while in uniform a military court can be constituted. Retirement from service is not a criteria. A retired officer is a reservist. However for grave offences the military court can send case to civil court.Recommend

  • Raham Dil
    Feb 21, 2014 - 5:48PM

    @imran ali:
    The LEA’s target criminals only. Stop looking through tainted glasses. (An urdu-speaking person.)

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  • Fareed
    Feb 21, 2014 - 7:05PM

    @H.A. Khan:
    First of all Mian Sb should be tried for not letting him land when the plane didn’t have any fuel left while coming back from Sri Lanka !!
    One way or the other – like it or not – Musharraf did a few blunders but the progress that was made in his time cannot be even imagined by the current political class !! Our lot does not need politicians – we need the army – Musharraf style with fewer blunders !!Recommend

  • Ahmed Ali Khan
    Feb 21, 2014 - 7:12PM

    @H.A. Khan:

    The whole parliament provincial as well as federal broke article 62 and 63 of the constitution so the all the parlimentarians (prov + Fed) should be tried in the court first.

    Nab did not enquire Nawaz and Zardari where did they get the assets so first Nab did that and then they can ask Musharraf. We know how Musharraf get his assets through legal means only but even a child knows how Nora and Zardari stole the national treasury.Recommend

  • Naive
    Feb 21, 2014 - 8:03PM

    @Uza Syed:
    So for saving the tyrant, the one who subverted the State and the Constitution of Pakistan, you want to drag the honorable Army into this quagmire.Recommend

  • Hamdan
    Feb 21, 2014 - 8:14PM

    H.a.khan
    Mush charges at least $100,000 to $200,000 PER lecture
    That is how he has made a lot of money since leaving the country. There is nothing illegal about it. If you want to find chors look elsewhere, this guy is a honest man.
    As for his actions, I hope the court rules on the Case based on merit and fairness, whatever the outcome is.Recommend

  • Pakistani Patriot
    Feb 21, 2014 - 9:00PM

    This is a kangaroo court that was assembled for the sole purpose of convicting Musharraf, so it is expected that they will reject each and every petition by Musharraf’s lawyers. It is laughable to hear justice Arab’s justification of rejection that Musharraf is not in the Army anymore, even though the act under trial was by the COAS as COAS, and there are multiple examples of retired army officers tried under army act. This is the same justice Arab who illegally prevented Musharraf from running in the elections, and yet he has the shamelessness of sitting in this trial.Recommend

  • imran ali
    Feb 21, 2014 - 11:06PM

    @Raham Dil…..why gen.Naizi and Gen.Yahya Khan….was not tried for treason….partition of Pakistan in 1971Recommend

  • Crazy Canuck
    Feb 23, 2014 - 1:48AM

    Persecute the patriots and protect the usurpers. That’s the Pakistani way. Recommend

  • Assad
    Feb 23, 2014 - 7:22AM

    @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.

    Recommend

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