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Gen. (R) Pervez Musharraf Case: LHC terms formation of Sp. Court unconstitutional

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  • Post last modified:13/01/2020
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LAHORE: A 3-member full bench of the LHC, headed by Justice  Syed Mazahar Ali Akbar Naqvi (comprising Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangi) has termed the formation of special court (that had tried and convicted general (R) Pervez Musharraf for high treason) unconstitutional.

The bench, had earlier today reserved its verdict in the case after hearing arguments. It was ruled that the amended Article 6 of the Constitution, under which Musharraf had been found guilty, could not be applied in the case ex post facto as Article 6 of the Constitution was modified through the 18th Amendment in 2010, while the case against Musharraf related events happened before that.

The decision came in response to a petition filed by Musharraf challenging the formation of the special court for the high treason case against him. Earlier general (R) Pervez Musharraf had challenged the formation of the special court that had handed him death penalty last December.

Musharraf’s Reaction: General (R) Pervez Musharraf has hailed the LHC decision  declaring the formation of the special court unconstitutional. He said hat the court’s verdict was according to the law and Constitution. Musharraf further informed that his health was gradually improving.

Relevant pieces published earlier: 

Special Court awards death sentence to Gen (R) Musharraf in high treason case

17th of December, 2020

ISLAMABAD: Special Court here today found former military dictator Gen (R) Pervez Musharraf guilty of high treason and handed him death sentence under Article 6 of the Constitution. The verdict was split 2-1. The court had reserved judgment in the case on the 19th of November, 2019.

After hearing final arguments in the high treason case today the three-member bench of the Special Court – headed by PHC Chief Justice Waqar Ahmad Seth and comprising SHC’s Justice Nazar Akbar and LHC’s Justice Shahid Karim – announced the verdict.

ISPR Statement: The decision given by special court about General Pervez Musharraf, Retired 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 had served the country for over 40 years, fought wars for the defense of the country can surely never be a traitor. The due legal process seems to have been ignored including constitution of special court, denial fundamental rights of self defense, 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.

Musharraf’s Reaction: Gen (R) Pervez Musharraf, retaliating to the verdict held that he had lost a battle and not the war. General (R) Musharraf’s lawyers will appeal the verdict in SCP. In case the Apex Court also upholds the verdict then President of Pakistan has the authority to pardon him under Article 45.

It is pertinent to mention here that the high treason trial of General (R) Pervez Musharraf, presently in Dubai,  for imposing the state of emergency on 3rd day of Nov, 2007, had been pending since December, 2013.

ISPR says due legal process ignored in judgment against Gen. (R) Musharraf

RAWALPINDI: The Armed Forces of Pakistan have given their formal reaction on the decision of the Special Court awarding death sentence to General (R) Pervez Musharraf.

Inter-Services Public Relations stated that the decision given by the Special Court about Pervez Musharraf had been received with lot of pain and anguish by rank and file of Pakistan Armed Forces.

It said an ex-army Chief, Chairman Joint Chiefs of Staff Committee and President of Pakistan, who had served the country for over forty-years, fought wars for the defense of the country, could surely never be a traitor.

ISPR held that due legal process seemed to have been ignored, including constitution of special court, denial of fundamental right of self-defense, undertaking individual specific proceedings and concluding the case in haste.

News Pakistan

Nimra Jamali

Nimra Jamali, presently studying in London, writes on international politics for Newspakistan.tv.