ISLAMABAD
Petition to declare death sentence to Ex-President Pervez Musharraf even after the death for breaking the constitution is scheduled for hearing this week.
A four-member larger bench headed by Chief Justice of Pakistan Qazi Faiz Isa will hear the appeal on the Supreme Court’s (SC) to terminate the special court’s verdict that sentenced former military dictator Pervez Musharraf on Friday, November 10.
Justice Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minullah are part of the four member larger bench.
This case is very important for the Supreme Court. In this case, the SC has to set any precedent for the future. This is the first case in which a military dictator has been tried. It has been effective, but it is necessary to give a verdict on many important issues, including taking action against the judges of the SC for breaking the constitution and the law on the part of a dictator.
In the opinion of the petitioner’s lawyers, the government must set a precedent this time, even if the punishment is symbolic.
It should be noted that the petitioner had approached the Supreme Court against the Lahore High Court’s (LHC) verdict to abolish the special court.
Sindh High Court Bar Association, Pakistan Bar Council approached the Supreme Court.
Hafiz Abdul Rahman Ansari and Tawfiq Asif also approached the Supreme Court against the verdict of the LHC.
Pervez Musharraf was sentenced to death by a special court in the treason case.
It should be noted that on June 26, 2013, Prime Minister Nawaz Sharif wrote a letter to Federal Investigation Agency (FIA) for inquiry against Pervez Musharraf. In the letter, it was written that Interior Ministry Pervez Musharraf should form a special FIA team to investigate the allegations of high treason.
On the basis of the Prime Minister’s letter, the Ministry of Interior formed the FIA team. On November 16, the FIA conducted an inquiry and submitted its report to the Ministry of Interior and then on December 13, 2013, the law division consulted in the context of the inquiry report. A complaint was filed against Pervez Musharraf.
The most serious offense against Pervez Musharraf in the complaint was suspending the constitution on several occasions.
A three-member special court headed by Justice Faisal Arab was formed to hear the high treason case against former president Pervez Musharraf. The special court summoned the former president for the first time on December 24.
On March 31, 2014, Pervez Musharraf was indicted.
Meanwhile, when Pervez Musharraf denied the crime, the trial was formally started, after which the prosecution completed its evidence against Pervez Musharraf on September 18, 2014.
After the testimony was completed, Pervez Musharraf was asked to record his statement as an accused. On January 2, 2014, while taking Pervez Musharraf to a special court to hear a high treason case, he was taken to the Armed Forces Institute of Cardiology (AFIC) instead of the court due to a heart problem.
The court did not issue his arrest warrant on medical grounds.
On January 7, AFIC submitted Pervez Musharraf’s medical report to the court, which stated that three arteries f heart of former army chief has blocked and is suffering from eight other diseases.
Special court ordered AFIC to form a medical board to examine the former president’s health and submit a report, which described Pervez Musharraf’s condition as ‘serious’ and also made suggestion to treat him at a place of his choice.
On February 7, the special court asked Pervez Musharraf to appear again in the high treason case.
On 18 February 2014, after missing 22 hearings, Pervez Musharraf appeared in court, but was not charged as the defense argued that the case against him should be tried in a military court.
After arguments, on February 21, 2014, the special court issued an order that the former army chief would not be tried in a military court.
On March 30, 2014, Pervez Musharraf was again indicted in the high treason case, but he denied the crime.
On March 14, 2016, Pervez Musharraf sought permission to travel abroad once on medical grounds.
On 16 March 2016, the Supreme Court ordered the removal of Pervez Musharraf’s name from the Exit Control list (ECL), allowing him to go abroad for treatment.
On March 18, 2016, Pervez Musharraf left for Dubai for treatment, promising to return home in a few weeks, but he never did.
On May 11, 2016, a special court declared Pervez Musharraf a fugitive in the high treason case.
Pervez Musharraf was first declared a fugitive and then an admiral due to his continuous absence.
On May 31, 2018, the Ministry of Home Affairs directed NADRA and the Directorate General of Immigration and Passport to suspend the identity card and passport of Pervez Musharraf in light of the orders of the special court.
In June 2018, the Supreme Court allowed Pervez Musharraf to contest the elections on the condition that he appear in court in person.
Musharraf said he was ready to return to Pakistan but changed his mind due to fear of arrest.
On 11 June 2019, the Supreme Court ordered NADRA to restore the identity card and passport of Pervez Musharraf.
On October 8, 2019, the special court decided to hold the hearing of the treason case daily from October 24.
The special court fixed November 28 as the date to pronounce the verdict in the case against Pervez Musharraf.
The Interior Ministry and Pervez Musharraf’s lawyer filed an application in the IHC to stay the decision and on November 27, the Islamabad High Court stopped the special court from pronouncing the decision.
More than 100 hearings were held in the high treason case, during which 4 judges were changed, the court ordered Pervez Musharraf to appear several times and gave time, but he did not appear in the court.
On December 17, 2019, a three-member special court headed by Justice Waqar Ahmed Seth sentenced former President and Army Chief General (retd) Pervez Musharraf to death after being found guilty of treason under Article 6.
They were convicted by a margin of two to one.
The court ordered the death penalty once for each crime.
In this decision, Justice Seth Waqar Ahmed’s decision to hang Pervez Musharraf’s body at D-Chowk for three days in case of his death also faced significant criticism.
The special court has dissolved itself after delivering this verdict.
