‘Treason case’: SC upholds ex-military dictator Musharraf’s capital punishment

ISLAMABAD: The Supreme Court on Wednesday upheld the death sentence of late former military ruler Pervez Musharraf, awarded by the Special Court in the high treason case.

Chief Justice of Pakistan (CJP) Qazi Faez Isa while announcing the short verdict, said, “The impugned passed on January 13, 2020, by the Lahore High Court (LHC) […] is not sustainable and accordingly set aside.”

The order comes as a four-judge SC bench — headed by the CJP and comprising Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah — took up a set of appeals pertaining to the 2020 Lahore High Court (LHC) order, declaring unconstitutional the death sentence awarded to Musharraf.

In December 2019, a special court in Islamabad found the ex-dictator guilty of high treason and awarded death sentence to him under Article 6 of the Constitution. It marked the first time in Pakistan’s history that a military chief had been declared guilty and punished.

However, on January 13, 2020, the LHC had declared unconstitutional all actions taken by the government against Musharraf, including the filing of a complaint on charges of high treason and the formation of a special court as well as its proceedings. The verdict led to the abolition of the death penalty handed down to him.

The bench — headed by Justice Mazahar Ali Akbar Naqvi and also comprising Justice Mohammad Ameer Bhatti and Justice Mohammad Masood Jahangir —had also set aside 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.

In November, the top court had fixed for hearing a set of appeals, including one filed by the late military dictator. Days later, it had also admitted for hearing appeals against the ex-president’s acquittal.

The counsels in this matter including Vice Chairman of Pakistan Bar Council Haroonur Rashid, senior counsel Hamid Khan, Rashid A. Rizvi and others had primarily challenged the LHC’s decision 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 Gen Musharraf’s petition filed before the LHC”.

During the proceedings on Wednesday, which were broadcast live on the SC’s website, the bench dismissed the appeals, noting that “despite attempting to do so, Musharraf’s legal heirs could not be contacted”.

PBC ‘appreciates’ SC decision

In a statement issued after the SC decision, the Pakistan Bar Council (PBC) “appreciated” the SC’s decision to uphold Musharraf’s death sentence.

The statement — issued by PBC Vice Chairman Haroonur Rashid and Executive Committee Chairman Hassan Raza Pasha — said the apex court had proved that the judiciary was independent.

“The whole legal community has welcomed this historic judgment and also demanded from the federal government to initiate the case under Article 6 against delinquents and responsible, who violated Article 5 of the Constitution of Pakistan,” it read.

The PBC noted that the apex court “played its constitutional role for strengthening the democracy and rule of law in the country through its historic judgment which would strengthen the principle of supremacy of the constitution and would be remembered as an example in the political history of Pakistan”.

It further noted that the PBC and legal fraternity “had always resisted against unconstitutional steps of usurpers”.