Former military
chief says the treason case "absolutely baseless”
ISLAMABAD, DEC 19 - Detailed verdict in Musharraf high treason case by the special court issued. The detailed verdict in the high treason case against former
military ruler retired Gen Pervez Musharraf was released on Thursday, two days
after the special court found the former president guilty of treason and handed
him a death sentence.
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. In a video statement from his hospital bed, he
called the treason case "absolutely baseless”.
The bench was headed by Peshawar High Court Chief Justice
Waqar Ahmad Seth and comprised Justice Nazar Akbar of the Sindh High Court
(SHC) and Justice Shahid Karim of the LHC.
Detailed verdict in Musharraf high treason case by the special court issued
The 167-page verdict includes a dissenting note by Justice
Akbar. Justice Seth and Justice Karim said that the evidence presented had
proved that he committed a crime.
“The then Corps Commanders Committee in addition to all
other uniformed officers who were guarding him each and every time, with boots
on, are equally and fully involved in the act and deeds of the accused person,”
says the judgement.
"As a necessary corollary to what has been observed we
find the accused guilty as per charge. The convict be hanged by his neck till
he dies on each count as per charge," says the verdict in its order.
"The trial of high treason is the requirement of the
Constitution against those individuals who undermine or attempt to undermine
the Constitution by any means. This court after presentation of undeniable,
irrefutable and unimpeachable evidence by the prosecution against the accused
reaches to the conclusion that indeed the accused is guilty and deserves
exemplary punishment.
"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.
Detailed verdict in Musharraf high treason case by the special court issued
“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.”
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".
Detailed verdict in Musharraf high treason case by the special court issued
"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.
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Detailed verdict in Musharraf high treason case by the special court issued
Reviewed by DM NEWS
on
December 19, 2019
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