Pervez Musharraf: Pakistan ex-leader sentenced to death for treason

A special court headed by Peshawar High Court Chief Justice
Waqar Ahmad Seth on Tuesday sentenced former Army chief Pervez
Musharraf to death under Article 6 of the Constitution in a high
treason case related to his declaration of a state of emergency in
2007.

The sentence was announced in absentia as the former president
has been in Dubai since 2016, when he was allowed to leave Pakistan
to seek medical treatment. He was declared an absconder the same
year over his failure to appear in court despite multiple
summons.

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.” According
to the High Treason (Punishment) Act, 1973, the punishment for high
treason is death or life imprisonment.

The special court, comprising Seth, Sindh High Court Justice
Nazar Akbar and Lahore High Court Justice Shahid Karim, had
announced it would deliver its verdict today despite multiple
attempts by the federal government to prevent it. Ignoring this,
the government’s prosecutor submitted three petitions to court
during hearings today, claiming it wanted to include the names of
three individuals—former prime minister Shaukat Aziz, former
Supreme Court justice Abdul Hameed Dogar and former law minister
Zahid Hamid—as co-accused over their ‘facilitation’ of Musharraf’s
actions.

The court dismissed this, saying the government appeared to be
delaying the verdict by adding new indictments on the day the case
was set for final arguments. Justice Akbar noted that two
additional weeks had been granted to the government to present a
modified charge sheet, but it had waited until the last minute. “If
you want to add a new suspect, submit a new case,” said Justice
Karim. “If these three individuals are suspects, the government
should also submit requests to make the former cabinet and corps
commanders suspects,” he said, adding that no new request for
amending the indictment had been received by the court.

Musharred was booked for treason in December 2013 after the
Pakistan Muslim League (Nawaz) came into power. He was subsequently
indicted on March 31, 2014. The trial lingered due to litigation at
appellate courts, with Musharraf being allowed to leave Pakistan in
March 2016 due to ailing health. In October, with the case nearing
its conclusion, the government sacked the entire prosecution team
in a move widely seen as a delaying tactic in Musharraf’s
favor.

The special court was due to issue its verdict last month, but
the Islamabad High Court on Nov. 27—just a day before the verdict
was due—suspended it after the Pakistan Tehreek-e-Insaf government
sought its deferral, claiming it had been poorly prosecuted.

During this time, Musharraf had sought to halt the treason
proceedings against him at the Lahore High Court, claiming they
were unconstitutional, as he had not been allowed to submit his
version of events. The special court, however, has maintained that
as an absconder Musharraf has waived his right to reply.

This is the first time in Pakistan’s history that a military
chief has been declared guilty of high treason and handed death
sentence. The verdict was split 2-1, reported daily Dawn.

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