Para 68 of the verdict.
"We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 03 days .
"Indeed, this portion of the judgement and execution is nowhere defined but since it is first impression cases and the sentence of death is announced in his absence after declaring the convict as proclaimed offender therefore the sentence is supposed to be executed.
“It would be in the interest of justice that all those involved (if any) in facilitation of the escape of the fugitive accused may also be brought in the net of due course of law and their criminal acts (if any) may be investigated and tried in accordance with law.”
Dissenting note Justice Akbar pointed out that the definition of high treason was updated after passage of the 18th constitutional amendment in 2010, which he said was not intended to be applied retrospectively.
"I have respectfully gone through the proposed judgement authored by my brother Waqas Ahmad Seth J [...] with my humble comprehension of law and justice, I happened to dissent with majority view of my learned brothers," said Justice Akbar in his dissenting note.
Justice Akbar was of the view that Musharraf's actions of imposing emergency on November 3, 2007, could not be seen as "attracting provisions of Article 6 of the Constitution" on the said date.
"[Counsel] has failed to appreciate that on the date of offence [2007] except 'abrogate' and 'subvert' no other act of any person was considered as an offence under Article 6 of the Constitution. Only the act of 'abrogation' and 'subversion' of Constitution was considered as an act of high treason," the judge notes.
The words 'suspension' and 'abeyance' were not used in the language of Article 6 of the Constitution until 20.4.2010 when [they] were introduced through the 18th Amendment — almost after two and a half years of Musharraf imposing emergency.
"In the offence under Article 6 of the Constitution, the charging word is 'high treason', therefore, without properly appreciating what does it mean, this court cannot pass a just and fair verdict."
"But for this reason, both the learned counsel for the prosecution and my learned brothers have referred to the definition of 'high treason' by relying on the meaning of 'high treason' given in the Oxford Dictionary (Tenth Edition).
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Death sentence A special court in Islamabad on December 17 found Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution, marking the first time in Pakistan's history that a military chief has been declared guilty of high treason and handed a death sentence.
Article 6 of the Constitution says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason."
The army had stood by Musharraf, with Maj Gen Asif Ghafoor, in a statement, saying that the "decision given by special court has been received with lot of pain and anguish by rank and file of Pakistan Armed Forces".
"An ex-Army Chief, Chairman Joint Chief of Staff Committee and President of Pakistan, who has served the country for over 40 years, fought wars for the defense of the country can surely never be a traitor," said the ISPR statement. "The due legal process seems to have been ignored including constitution of special court, denial of fundamental right of self defence, undertaking individual specific proceedings and concluding the case in haste."
"Armed Forces of Pakistan expect that justice will be dispensed in line with Constitution of Islamic Republic of Pakistan," he said.
The PTI-led government had termed the high treason trial against Musharraf “unfair”. “I will defend the law in the case but not any individual,” said Attorney General Anwar Mansoor in a late-night joint press conference on the day of the verdict.
The former military chief is currently in Dubai in the United Arab Emirates. He was admitted to a hospital following deterioration of his health earlier this month. The former military dictator broke his silence on Wednesday evening and expressed his gratitude to the armed forces and the people of Pakistan for "remembering his services" for the nation.
In a video that showed him lying on a medical bed, Musharraf also said that he would decide his future course of action after consulting his legal team.
“I have faith in Pakistan’s judiciary that they will provide me justice and keep in view the supremacy of law,” he said.