High treason case: Special court to indict Musharraf on March 11
Rejects plea seeking transfer of case to military court; former military ruler’s lawyers to challenge decision.
Police escort cars carrying judges as they arrive a special court set up to try former Pakistani military ruler Pervez Musharraf in Islamabad on February 21, 2014. PHOTO: AFP
ISLAMABAD:
A special court on Friday turned down former military ruler General Pervez Musharraf’s plea to transfer his treason case to a military court and instead fixed his indictment on March 11.
The three-member bench, led by Justice Faisal Arab, directed Musharraf to appear in person before the special court on March 11 to hear the charges being read out against him.
“After deciding our jurisdiction, we order the accused [Musharraf] to appear before the bench,” Justice Arab said towards the end of Friday’s hearing.
“The accused is neither to the Army Act … nor the offences described in the High Treason (Punishment) Act, 1973 fall within the ambit of the Army Act, rather such offences are exclusively triable by the special court established under the Law Amendment (Special Court) Act 1976, a special law with an overriding effect,” the written order of the special court read.
“This is a bad judgment. It seems you judges are playing the role of mercenaries,” one of Musharraf’s lawyers, Rana Ijaz, remarked while the judgment was being announced. “You may put me in jail, but making a fair comment on your judgment is my right,” he said when told by judges that addressing the court in that manner was inappropriate.
Musharraf’s legal team had challenged the right of a civilian court in Islamabad to try the former army chief, who appeared in person before judges for the first time on Tuesday.
“This application is dismissed… The accused cannot claim himself to be subject to the Army Act, as he ceased to be so seven years ago,” Justice Arab said during proceedings.
“We hold that (i) the Pakistan Army (Amendment) Act, 1977 (Act X of 1977) stands repealed by virtue of the Federal Law (Revision and Declaration) Ordinance 1981. The accused upon his retirement in the year 2007 no more remained subject to the Army Act,” the order read.
The bench also observed that offences punishable under the High Treason Act were beyond the jurisdiction of all other courts.
Both the Criminal Law Amendment Special Court 1976 and the High Treason (Punishment) Act, 1973 make no distinction between any class of persons who are to be tried and do not exclude even army personnel from its applicability, the court’s order stated.
“Therefore, whether a person is from the armed forces or is simply a civilian, he can be competently tried only before the special court if charged with the offences punishable under High Treason Act, as section 3(2) of the Criminal Law Amendment [Special Court] Act, 1976 ousts the jurisdiction of all other court for trial of such offences.”
Talking to The Express Tribune following the proceedings, Anwar Mansoor, a member of Musharraf’s legal team, announced their intention to challenge the order.
“Yes, definitely we will challenge this order, as the ordinance of 1981 lapsed and was not repealed,” he said. “After studying relevant laws, we will decide on which forum we should challenge today’s order of the special court,” he added.
The court will render orders on the applications challenging the constitution and biasness of the bench and appointment of prosecutor in the case on March 4.
Published in The Express Tribune, February 22nd, 2014.
A special court on Friday turned down former military ruler General Pervez Musharraf’s plea to transfer his treason case to a military court and instead fixed his indictment on March 11.
The three-member bench, led by Justice Faisal Arab, directed Musharraf to appear in person before the special court on March 11 to hear the charges being read out against him.
“After deciding our jurisdiction, we order the accused [Musharraf] to appear before the bench,” Justice Arab said towards the end of Friday’s hearing.
“The accused is neither to the Army Act … nor the offences described in the High Treason (Punishment) Act, 1973 fall within the ambit of the Army Act, rather such offences are exclusively triable by the special court established under the Law Amendment (Special Court) Act 1976, a special law with an overriding effect,” the written order of the special court read.
“This is a bad judgment. It seems you judges are playing the role of mercenaries,” one of Musharraf’s lawyers, Rana Ijaz, remarked while the judgment was being announced. “You may put me in jail, but making a fair comment on your judgment is my right,” he said when told by judges that addressing the court in that manner was inappropriate.
Musharraf’s legal team had challenged the right of a civilian court in Islamabad to try the former army chief, who appeared in person before judges for the first time on Tuesday.
“This application is dismissed… The accused cannot claim himself to be subject to the Army Act, as he ceased to be so seven years ago,” Justice Arab said during proceedings.
“We hold that (i) the Pakistan Army (Amendment) Act, 1977 (Act X of 1977) stands repealed by virtue of the Federal Law (Revision and Declaration) Ordinance 1981. The accused upon his retirement in the year 2007 no more remained subject to the Army Act,” the order read.
The bench also observed that offences punishable under the High Treason Act were beyond the jurisdiction of all other courts.
Both the Criminal Law Amendment Special Court 1976 and the High Treason (Punishment) Act, 1973 make no distinction between any class of persons who are to be tried and do not exclude even army personnel from its applicability, the court’s order stated.
“Therefore, whether a person is from the armed forces or is simply a civilian, he can be competently tried only before the special court if charged with the offences punishable under High Treason Act, as section 3(2) of the Criminal Law Amendment [Special Court] Act, 1976 ousts the jurisdiction of all other court for trial of such offences.”
Talking to The Express Tribune following the proceedings, Anwar Mansoor, a member of Musharraf’s legal team, announced their intention to challenge the order.
“Yes, definitely we will challenge this order, as the ordinance of 1981 lapsed and was not repealed,” he said. “After studying relevant laws, we will decide on which forum we should challenge today’s order of the special court,” he added.
The court will render orders on the applications challenging the constitution and biasness of the bench and appointment of prosecutor in the case on March 4.
Published in The Express Tribune, February 22nd, 2014.