Trial and death: The Pervez Musharraf story
The Indian Express
Mehr Gill
The punishment for
high treason, as per Pakistan’s High Treason (Punishment) Act, 1973, is death
or life imprisonment. A special court in Islamabad on Tuesday sentenced former military ruler General
Pervez Musharraf to death for high treason
under Article 6 of Pakistan’s Constitution.
ARTICLE 6 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 PUNISHMENT for high
treason, as per Pakistan’s High Treason (Punishment) Act, 1973, is death or
life imprisonment.
AN APPEAL against the
verdict will lie in Pakistan’s Supreme Court. Even if the top court upholds the
special court’s verdict, the country’s President can pardon him under Article
45 of the constitution: “The President shall have power to grant pardon,
reprieve and respite, and to remit, suspend or commute any sentence passed by
any court, tribunal or other authority.” Pakistan’s army has already declared
that Musharraf “can surely never be a traitor”, and that the “armed forces
expect that justice will be dispensed in line with the constitution of the
Islamic Republic of Pakistan”. In any case, it is not expected that Musharraf,
who is in self-imposed exile in Dubai, will return to Pakistan to carry the
case through to the end.
THE CASE against
Musharraf began in December 2013, six months after Nawaz Sharif, whom the
general had ousted in 1999, returned to power. He was charged with treason for
having imposed an emergency in November 2007 and arresting several judges, and
was indicted in March 2014. As the trial negotiated several twists and turns
and passed through delays, Musharraf left Pakistan in March 2016 for treatment.
THE VERDICT was reserved
by the special court on November 19. The court said it would give its judgment
on November 28; however, Pakistan’s government petitioned the Islamabad High
Court asking that “the special court be restrained from passing final judgment
in the trial”. The High Court temporarily restrained the special court from
pronouncing its verdict, and asked the government to notify a new prosecution
team. This team appeared before the special court on December 5, and was told
that it would be heard on December 17, after which the verdict would be
pronounced.
THE EXTRAORDINARY development,
even if largely symbolic, marks the first time that a military dictator in
Pakistan — a country that has been ruled by the generals for more than half its
life — has been held accountable for his actions in power. Sharif, who stood up
the most to the army among all Pakistani politicians, sought to use the treason
case to assert civilian supremacy.
Reference: https://indianexpress.com/article/explained/trial-and-death-the-pervez-musharraf-story-6172302/
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