Musharraf treason trial: Statement of formal charges

After months of back and forth, Musharraf was indicted for subverting the constitution.


Web Desk March 31, 2014
DESIGN: FAIZAN DAWOOD

ISLAMABAD: Former president Pervez Musharraf on Monday was indicted for subverting and circumventing the Constitution of Pakistan during his tenure. 

Below is the text from the official charge-sheet that was read out to him during the treason case hearing.

General (Retired) Pervez Musharraf may be formally charged as under:

Firstly, on 3rd November, 2007 at Rawalpindi as Chief of the Army Staff, he issued an unconstitutional and unlawful “Proclamation of Emergency Order, 2007” which, unconstitutionally and unlawfully, held the Constitution of Islamic Republic of Pakistan, 1973 in abeyance and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment. (Special Courts) Act, 1976 (XVII of 1976).

Secondly, on 3rd November, 2007 at Rawalpindi as Chief of the Army Staff, he issued an unconstitutional and unlawful “Provisional Constitution Order No.1 of 2007” which, unconstitutionally and unlawfully, empowered the President to amend the Constitution of Islamic Republic of Pakistan, 1973 from time to time and he also suspended the Fundamental Rights enshrined in Articles 9, 10, 15, 16, 17, 19 and 25 of the Constitution and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

Thirdly, on 3rd November, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful “Oath of Office (Judges) Order, 2007” whereby an oath was, unconstitutionally and unlawfully, introduced in the Schedule which required a judge to abide by the provisions of the Proclamation of Emergency dated 03.11.2007 and the Provisional Constitutional Order dated 03.11.2007 to perform acts and functions in accordance thereof and this order also resulted in removal of numerous judges of the superior courts including the Honorable Chief Justice of Pakistan and he thereby subverted the Constitution of Islamic Republic of Pakistan, 1973 and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

Fourthly, 20th November, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful Order 5 of 2007 “Constitution (Amendment) Order, 2007” whereby Articles 175, 186-A, 198, 218, 270B and 270C were, unconstitutionally and unlawfully, amended and Article 270AAA was added to the Constitution of Islamic Republic of Pakistan, 1973 and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

Fifthly, on 14th December, 2007 at Rawalpindi as President of Islamic Republic of Pakistan, he issued an unconstitutional and unlawful Order 6 of 2007 “Constitution (Second Amendment) Order, 2007” whereby the Constitution of Islamic Republic of Pakistan, 1973 was, unconstitutionally and unlawfully, amended and he thereby subverted the Constitution and thus committed the offence of high treason punishable under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973), which is within the jurisdiction of the Special Court established under section 4 of The Criminal Law Amendment (Special Courts) Act, 1976 (XVII of 1976).

COMMENTS (6)

later | 10 years ago | Reply

Yes let's leave the country to be ruled by two families, very democratic indead

Shaikh Mohommad | 10 years ago | Reply

Now the mist is clear i.e. the charges against Musharraf are clear and should be addressed by Musharraf's lawyer. Firstly, Musharraf held the Constitution of Islamic Republic of Pakistan, 1973 in abeyance Secondly, he empowered himself to amend the Constitution of Islamic Republic of Pakistan. Thirdly he promulgated “Oath of Office (Judges) Order resulting in removal of judges. Fourthly and lastly he issued Constitution (Amendment) Order, 2007. Lawyers of Musharraf has an uphill task to defend him against the 4 charges mentioned above. He must rightly be tried and a strong signal be sent to anyone considering these steps in future. After all, the country has accepted that it should be governed by a constitution and no one has a right to go against the constitution. Enough is enough let us know draw a new leaf and get on with governing the country according to the constitution which everyone agrees to.

VIEW MORE COMMENTS
Replying to X

Comments are moderated and generally will be posted if they are on-topic and not abusive.

For more information, please see our Comments FAQ