Musharraf challenges treason trial in civilian special court

Dawn.com Published December 21, 2013

The 70-year-old ex-military strongman is due to appear before a special court on Dec 24 to face treason charges for conspiring against the Constitution by declaring emergency and overthrowing the superior judiciary in November 2007. — File photo

ISLAMABAD: Former military ruler General (retd) Pervez Musharraf has challenged his trial for treason in a civilian court, saying he can only be prosecuted under the Army Act.

The 70-year-old ex-military strongman is due to appear before a special court on Dec 24 to face treason charges for conspiring against the Constitution by declaring emergency and overthrowing the superior judiciary in November 2007.

Musharraf will be the first military dictator in Pakistan's history to face a trial for treason.

His lawyers have already contended that the treason charge levied against him is politically motivated and that proceedings would be a “show trial”.

In a fresh application filed in the Islamabad High Court (IHC) on Saturday through counsel Advocate Khalid Ranjha, the former president stated that the emergency imposed on Nov 3 was not an arbitrary act, and that it had the support of all relevant stakeholders.

The application moreover said that Musharraf could not be tried in court without including those who had taken part in the act.

The petition added that the Nov 3 emergency was imposed while he was serving as a military general and therefore investigation against him could only be carried out under the Army Act.

It furthermore said that the federal government should be prevented from conducting investigation against Musharraf in a special court.

The defence secretary and law secretary were made parties in the application.

In the November 3, 2007 proclamation of emergency, Musharraf, had declared: “I, General Pervez Musharraf, Chief of the Army Staff, proclaim emergency throughout Pakistan. I hereby order and proclaim that the constitution of the Islamic Republic of Pakistan shall remain in abeyance.”

The proclamation also mentioned that the emergency was imposed “in pursuance of the deliberations and decisions” of a meeting which was attended by then “prime minister, governors of all the four provinces, and with chairman joint chiefs of staff committee, chiefs of the armed forces, vice chief of army staff and corps commanders of the Pakistan Army.”

Application accepted by IHC

The IHC has accepted Musharraf’s application against his treason trial being conducted in a civilian court and the first hearing would be on Dec 23.

The hearing would be heard by Justice Riaz Ahmed Khan.

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Comments (17) Closed

Muhammad Farooq

Dec 21, 2013 03:11pm

Politically motivated treason charge? Why in the first place Mr Musharraf entered into the political arena if he did not like politics and political motivation?

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Amir

Dec 21, 2013 05:50pm

Musharraf is great leader Pakistan was doing really good in his era and now you can see whats happening here .

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Swinder Singh

Dec 21, 2013 06:21pm

Mr. Musharraf, as I assume there must not be any provision in constitution of Pakistan which might be empowering a Chief of the Army Staff to declare emergency in the country. This way your earned the ire of law in a double way, firstly you declared emergency secondly in the capacity of a army chief. So far as you are pleading to make, your advisers and associates, co accused in the case, doesn't hold good since final decision and declaration was signed by you and for that you are wholly solely responsible.

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Abid Mohiuddin

Dec 21, 2013 06:24pm

Musharraf did the thing rightfully and according to the constitution .Good and timely action by Musharraf senior lawyers .We hope that justice will be done and seen and the trial will be dismissed on the first hearing Insha Allah !!

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Mirza

Dec 21, 2013 07:11pm

Mr Nawaz Sharif you said you will forgive and forget. As usual you don't keep your promise. Shame on you.

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Amjad Wyne

Dec 21, 2013 07:16pm

Wow Dawn, you really are biased - you continue to call him a dictator yet it was Musharraf that gave media all the liberties it enjoys today. You can call him a military ruler but not a dictator - the country ran just as it is running today - only it was better under him. I do not expect you to be fair - I just want you to be half way decent.

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Khawar T khyam

Dec 21, 2013 07:39pm

This trial is nothing but waste of country resources and money. Why not to get over this point scoring and promote democracy. Whatever act he committed he did not do it alone. When we all know that we cannot bring them to the court of law then why to waste time.

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Munir

Dec 21, 2013 07:52pm

Unfortunately we don't appreciate our benefactors, we only appreciate corrupt politicians. World is moving on and we are going in the wrong direction. In-fighting, revenge and corruption. It's unfortunate but I don't see a good future for Pakistan under PML-N or PPP. Imran Khan can smarten up and help but he has also gathered old politicians who have personal interest also.

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Kaiser Hameed khan

Dec 21, 2013 10:48pm

To every action there is an equal and opposite reaction. This is not only a principle of Physics but also a very true adage. When the powerful become more powerful they forget and ignore the principles and laws of nature.General Musharraf may have been a very bad person but he was a hundred times better ruler than the two successive governments that we had after him, at least for the common man who was certainly living a better life. I feel that as always the advisers of Mr. Nawaz Sharif shall once again let him down badly. What is more painful is the fact that once again Mr. Nawaz Sharif is taking things for granted! He is not using his own acumen to handle national issues. I am a common patriotic Pakistani with no affiliations with any person or Political party . The only thing that I care for is the future of Pakistan and I am worried about the way things are being handled so indifferently. .Manipulating events invites the wrath of Nature. Was it not sensible to Pardon Musharraf and prove that a political leader can perform better than a General?? I like other Pakistanis am not prepared to be taken for a ride on a bullet train when the existing trains are at the verge of Bankruptcy.I wish the dreams of Mr. Nawaz Sharif do not end into nightmares for this country. I sincerely request and appeal to Mr. Nawaz Sharif to use his own sense and not fall prey to the quixotic suggestions of his foolish advisers as he has being doing in the past as well.

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SHAHID LATIF

Dec 21, 2013 11:51pm

Musharraf is basing his defense on three grounds. 1.Emergency imposed had the support of all relevant stakeholders. 2.To include others like defence secretary and law secretary in the case.3. He wants to be tried under Army Act. It is pathetic to see the strong man searching justification for his extra constitutional adventure in the foot steps of his predecessors who have gone unpunished.If he had the courage to overthrow an elected civilian government, he should now act like a man let alone like a general to own his crime wholesale and not cry to drag others in the hope of saving his skin.An unconditional apology for his misdoings would soften the opinion about him and will also send a signal to future coup commanders.

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jdshami

Dec 22, 2013 01:21am

This military man broke the constitution, dissolved the democratically elected government, whereas, he took the oath to defend the constitution, he is a traitor and must be prosecuted and put to sleep.

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Ayesha Khan

Dec 22, 2013 02:01am

Mr Musharaff has avery valid point that he cannot be held solely responsible for imposing the emergency act in 2007, it was a decision taken with the consent of other high officials, moreover, at the time of imposing the act Mr Musharaff was still serving as the head of the Army, and therefore, his trial must proceed under the Army Act.

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Farid

Dec 22, 2013 03:36am

Mr. Musharaf - since you don't belong to corrupt the politician group, they (PML-N) will not leave you alone. Forget about Pakistan and go live overseas where you can contribute. We Pakistanis only like corrupt politicians. We do not appreciate progressive people. We don't have a good future in Pakistan until PML-N is there.

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Ibrahim

Dec 22, 2013 09:59am

The term dictator is increasingly being tossed around in a frivolous nonchalant manner. This so called dictator (General Retd Musharraf) pulled the country back from the brink of catastrophe, and put it on a path to progress, and where are we today! The mediocre baradari ruling the country is focused only on self glorification, and vendettas. Once again the nation is in dire peril. It is indeed tragic, that Mr Sharif has not learnt anything from history, and is showing his true colors. Let us see how long this Government lasts. "ill Fare's the Land where wealth accumulates and men decay"

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ashraf a jamal

Dec 22, 2013 08:42pm

Hey Prime Minister Nawaz, PM Nawaz killed, murdered number of people including his family member, More over Ex President Zardari killed his wife , brother inlaw and hundred's same is true for MQM Altaz, Sind Governer, Dr Farooq and most of them murderers along with all landlords, tribal leaders, thus all should o under firing quad.

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Bilal

Dec 23, 2013 12:53am

Drama and more drama. PMLN wasting country's resourses.

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AAK

Dec 24, 2013 01:11pm

in so called blind unilateral verdict 2007,it is clearly written procedural things should be done by military as per 1952 army regulation. Those who love this blind verdict then follow in true sprit.

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