SC upholds Musharraf’s death penalty for treason

ISLAMABAD: The Supreme Court on Wednesday upheld the death sentence of former military dictator General (R) Pervez Musharraf in the high treason case awarded by the special court for imposing emergency rule in the country on November 3, 2007.

A four-member bench of the apex court, headed by Chief Justice Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah, heard the appeal of Musharraf as well as identical appeals challenging the verdict of the Lahore High Court that declared as unconstitutional the complaint filed by the then-PMLN government for initiating a high treason case against Musharraf, proceedings of special court and death sentence awarded to Musharraf.

The court, after hearing Salman Safdar, counsel for Musharraf, and Hamid Khan, counsel for the petitioners challenging the LHC verdict, upheld the verdict of special court awarding death sentence to Musharraf.

The court in its order noted that despite issuing notices to the legal heirs of former president on their residence within the country and abroad, and publishing the notices in major daily newspapers, they did not appear before it.

The court noted in its order that two questions were also framed as to whether on the death of the appellant, the appeal did not abate, and if the conviction of the appellant was upheld what would be the consequences for legal heirs.

“In the given circumstances, and as none of the legal heirs have come forward, we have no option but to hold that the instant appeal has abated, consequently the conviction of the Special Court subsists,” the chief justice noted in the short order.

The court also set aside the order passed by the LHC on January 13, 2020, saying that it was not sustainable.

The court noted down in its order that according to the counsel for Musharraf, despite his repeated attempts to contact the legal heirs of former president, they could not be contacted.

The court held as per the counsel, the appellant had not surrendered himself to the court but it was contended on his behalf that he was indisposed abroad and not in a position to appear. Salman Safdar said that Musharraf passed away on February 5, 2023.

On December 17, 2019, a three-member bench of the Special Court headed by Justice Waqar Ahmed Seth and comprising Justice Nazar Akbar and Justice Shahid Karim, awarded death sentence to former military dictator for imposing emergency rule on November 3, 2007.

The-then PMLN government had constituted the special court and had filed a complaint in 2013, seeking initiation of high treason proceedings against the former president for imposing the emergency rule on November 3, 2007.

The court, with majority 2-1, had found guilty the former president of violating Article 6 of the Constitution and awarded death sentence to the former military dictator.

Similarly, on December 19, 2019, the special court, while announcing the detailed verdict, had directed the law enforcing agencies to apprehend the former military dictator and hang him by his neck till he dies on each count as per charge.

“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, and be hanged for 3 days,” the detailed verdict had ruled.

It is pertinent to mention here that on January 13, 2020, the LHC bench headed by Justice Mazahar Ali Akbar Naqvi and comprising Justice Muhammad Ameer Bhatti and Justice Mohammad Masood Jehangir had declared unconstitutional, the complaint filed by the-then PMLN government for initiating the high treason case against Musharraf as well as the proceedings of the special court and death sentence awarded to Musharraf.

The bench had heard the petition of Azhar Siddique and others and had set aside the Section 9 of the Criminal Law Amendment (Special Court) Act 1976 for being violative to fundamental rights and ruled against retrospective effect given to an amendment in Article 6 of the Constitution, which deals with high treason.

Later, Pakistan Bar Council Vice Chairman Haroonur Rashid, senior counsel Hamid Khan, Rashid A. Rizvi and others had primarily challenged the LHC’s decision in the Supreme Court for having “no legal or territorial jurisdiction, corum non judice (not before a judge), the high court’s exercise of SC’s powers and the maintainability of General (retd) Musharraf’s petition filed before the LHC”.

Earlier, during the course of hearing, Salman Safdar submitted that Musharraf was awarded sentence in absentia and he was not heard, adding that he did not impose emergency alone.

Justice Athar Minallah observed that under Article 12 of the Constitution, doors of the court are open against all those who sided with Musharraf.

Salman Safdar replied that Musharraf alone was not responsible for imposing the emergency rule on November 3, 2007 adding the-then prime minister, law minister, parliament and judges were also responsible.

At one point, Chief Justice Isa asked the counsel as to what his grave reservations for the LHC were. “I have never appeared before the judge for years, even not in Supreme Court,” Salman Safdar replied without naming Justice Mazahar Naqvi. “If you allow me to meet in chamber to say something,” Safdar asked the CJP. Justice Isa, however, said they didn’t want to call him in chamber.

During the hearing, Additional Attorney General Aamir Rehman opposed the appeal filed by the appellant (Musharraf) against his conviction by the special court.

Asim Yasin adds: Meanwhile, reacting to the apex court decision, Pakistan Peoples Party (PPP) Human Rights Cell President Farhatullah Babar said that restoration of the special court verdict of convicting Musharraf of treason under Article 6 of the Constitution would be remembered as historic for its great symbolic value for which the Supreme Court has earned the appreciation of all democracy loving people.

“That General Musharraf is already dead and he cannot be hanged for treason is not of material consequence. What, however, is material is that the adventurer who hijacked the Constitution has been judicially pronounced as traitor and punished, even if symbolically, by that very Constitution which he had trampled with contempt,” he said. Farhatullah said January 10 is a red lettered day in the history of judiciary and the Constitution reasserting itself.

The PPP leader said the verdict will strike terror in the hearts of all would-be adventurers waiting in the wings to strike at the Constitution. “The ethos of the people of Pakistan is democratic and today their democratic ethos has struck back with full force,” he said.

Farhatullah said CJP Qazi Faez Isa and judges Syed Mansoor Ali Shah, Aminuddin Khan and Athar Minallah have played their historic role in protecting the Constitution and strengthening democracy, which will always be remembered with respect and admiration.