APROPOS the editorial ‘Musharraf verdict’ (Dec 19). The sentiment that Pervez Musharraf’s suspension of the constitution is “commission of treachery” is a bit harsh. There is no denying the fact that no person is above the law, and that criminals must be punished, and the crimes to be adjudicated according to law.

Musharraf was booked in the treason case in Dec 2013 for imposing a state of emergency on Nov 3, 2007. He has now been declared by the court to have committed that crime. A simple question that arises: why was he put on trial when his act was not a crime according to the law of the time?

In the criminal law system an ex post facto law can criminalise the actions when they were legal when committed; in the same way as it can decriminalise certain actions.

The criminalising law, in this case, is the 18th Amendment of the Constitution. While adding the act of ‘suspension of the Constitution’ to the Article 6 as high treason, the parliamentarians did not put it to be effective ex post facto or mentioned any specific date from which it was to be effective. In legal terms, therefore, the effective date is April 2010, the date when the amendment was passed.

In this way, putting Musharraf on trial by the government and proceedings of the court both appear to be mala fide.

Syed Osman Sher
Mississauga, Canada

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THE judicial-military relationship is now under stress because of the special court verdict against Pervez Musharraf. The verdict has opened Pandora’s box regarding the future of judicial-military relationship in the present democratic system.

The army chief’s tenure extension case created a crisis between the Supreme Court and the government about a month ago and, now, between the opposition and the government.

Also, the ISPR’s reaction on the Musharraf case verdict will further deepen the gulf between the two institutions — judiciary and military.

Now, it is a challenge for the government to tackle this issue. Only political skills can pull the country out of this crisis.

Dr Ahsan Adeel
Faisalabad

Published in Dawn, December 22nd, 2019