• Wednesday, July 15, 2020

Musharraf's Treason Case

Discussion in 'Pakistani Siasat' started by Pksecurity, Apr 8, 2013.

  1. Pksecurity

    Pksecurity FULL MEMBER

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    Pakistan’s former military ruler, General Pervez Musharraf will face, in person or through attorney, the Supreme Court of Pakistan on Monday. And this is no ordinary appearance; he runs the risk of capital punishment for imposing emergency in the country and sacking, and restricting the movement of, chief judge and his brother judges on November 3, 2007. It is the first time that the accused will face the court against whom he is believed to have taken steps under the garb of the Constitution.
    The emergency which Musharraf imposed as president under the provisions of the Constitution was declared unlawful by the reconstituted court when the chief judge and his colleagues were restored as a result of street agitations called the lawyers’ movement. It may be recalled that even the successor government of Zardari had refused to overturn the action of Musharraf being legally impossible as the Supreme Court under Justice Dogar constituted under emergency, had validated the imposition of emergency rule. The government, even after the Supreme Court declaring November 3 action invalid did not proceed against Musharraf.
    On pointed prompting by the chief justice last week, a lawyer came forward to file a petition seeking court’s order to the government to proceed against Musharraf under Article 6 of the Constitution. The offense under article 6 if proved, carries death penalty. The bench constituted to hear the petition was headed by the chief justice himself, which has now been reconstituted. The judge who resigned in protest against Musharraf sacking of the chief justice will now head the bench. That the judge was a personal victim of the action of Musharraf did not bother the court and the victim in his wisdom has decided to hear the petition himself.
    The original provision of Article 6 of the Constitution reads as: Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason. This provision was rephrased through 18th Amendment (2010) to read as: Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.
    The offense under Article 6 also includes any person aiding or abetting or collaborating the acts shall likewise be guilty of high treason. An act of high treason shall not be validated by any court including the Supreme Court and a High Court. The Parliament shall make a law to provide for the punishment of persons found guilty of high treason.
    When Pervez Musharraf overthrew the government of Nawaz Sharif in October, 1999, there was a widespread jubilation by the general public. The Supreme Court bench, including the present chief judge, had not only validated the imposition of military rule, it also authorized the ruler to amend the Constitution as he deemed fit. Amendment in the Constitution is the prerogative of the Parliament and that too when two-third majority of both houses approve such amendment.
    Compared to October 1999, the action of imposition of emergency in November 2003 was far less in terms of constitutional gravity. The court sensing the proclamation, sat in emergency to restrain the government, the army and judges of high courts from obeying presidential orders. Those judges who took oath after emergency were subsequently shown the door for violating the restraining order. It is now turn of Musharraf to face the wrath of bench and bar.
    The apex court has to tread with caution. It is the aggrieved party in the case and has been forced by circumstances to sit on judgment in its own cause. Musharraf, a political nobody is totally isolated and comprehensively humiliated. The so-called forces of “rule of law” are out to get him.
    But in this charged atmosphere of revenge, the court has to take stock of the circumstances. Was Musharraf a lone-ranger or was supported by the entire government machinery in imposing emergency rule? Was this emergency rule resulting in sacking of judges a far graver crime than sacking of an elected government which was condoned by the judiciary? Article 6 has put the court in a difficult situation. These are indeed testing times for the honorable judges of the apex court.

    The Passive Voices: Article 6: Testing times for Pakistan’s apex judiciary
     
  2. Leader

    Leader ELITE MEMBER

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    Musharraf should be made an example, so that no military officer ever dare to threaten the State System again...
     
  3. Devil Soul

    Devil Soul ELITE MEMBER

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    SC to take up treason case against Musharraf today
    April 08, 2013 - Updated 618 PKT
    From Web Edition
    ISLAMABAD: Supreme Court of Pakistan will take up treason petition against former military dictator Pervez Musharraf today (Monday).

    The Supreme Court is to hear a petition brought by Taufiq Asif, president of the Rawalpindi High Court Bar Association, seeking to try Musharraf for treason for imposing emergency rule in 2007, a move that ultimately paved the way for his downfall.

    Meanwhile, Chief Justice of Pakistan Iftikhar Muhammad Chaudhary has distanced himself from the 3-member bench hearing identical petitions seeking prosecution of former military ruler Pervez Musharraf under the High Treason (Punishment) Act 1973.

    Now, a two-member bench of the apex court led by Justice Jawad S Khwaja will hear the case.

    The retired general returned to Pakistan from four years of self-imposed exile last month vowing to run for parliament in the May 11 general election.

    On Friday, another petition was filed in the Supreme Court by former president of the Lahore High Court Bar Association (LHCBA), Rawalpindi Bench, Ahsan-ud-Din Sheikh, praying for directing the Federation to prosecute former President Pervez Musharraf under sections 2 and 3 of the High Treason (Punishment) Act 1973.

    Earlier, President LHCBA, Rawalpindi Bench, Taufiq Asif, and Maulvi Iqbal Haider filed the petitions under Article 184(3) of the Constitution.
    SC to take up treason case against Musharraf today - thenews.com.pk
     
  4. Awesome

    Awesome RETIRED MOD

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    Funny things are happening in court:

    SC hears treason petition against Musharraf | Pakistan | DAWN.COM

    Petitioner's lawyer is saying I want to withdraw the case, Honorable SC judge is saying we can't allow you to withdraw petition now (or perhaps without proper instruction from the petitioner that he withdraws the case).

    And I'm sure when the petitioner withdraws the case, he will be asked piercing questions on WHY you are withdrawing the case... If there is a Saudi influenced deal, it should come out to the open...
     
  5. CrazyPaki

    CrazyPaki FULL MEMBER

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    lol this case is a mix of a lot of people if, it goes further a lot of people are going to get exposed
     
  6. tarrar

    tarrar SENIOR MEMBER

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    This is complete BULL SH*T, the corrupt & incompetent politicians who have harmed Pakistan many times & are getting all the foreign help are walking freely & doing whatever they want & a person who saved Paksitan from colaping is been framed as a traitor by these corrupt & incompetent politicians.

    Traitory case should be held against kuta Nawaz who threw away Kargil war & a war which was Military success became of political defeat all thanks to kuta Nawaz plus he didn't even want to go ahead with the Nuclear test he was busy trying to make dollars when Pakistan was in danger & under immence pressure.

    Traitor case should be run against this kuta Nawaz & his corrupt leauge who had betrayed Pakistan in 90's but today they are walking freely & barking lies, the worse thing is the sleeping people of Pakistan are continuing to sleep.

    MQM, ANP, PML-N, JUI & PPP are traitors & enemy of Pakistan.

    Lozzz Saudi influance you got to be kidding me, lot's of people name will come up if these fake cases go ahead
     
  7. tarrar

    tarrar SENIOR MEMBER

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    You should be made example, Pak Military have always saved Pakistan & what system are you talking about the corrupt system which always brings the corrupt? to harm Pakistan?

    Sleep well under your pillow.
     
  8. Awesome

    Awesome RETIRED MOD

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    His coup was a good thing for Pakistan given Nawaz Sharif's shenanigans. If he had not done it, we would be subjects of the "Ameer-ul-momineen" today...

    So making an example out of him just to scare off military officers seems to be counterproductive for Pakistan.

    Make an example out of him if he has done a crime and follow the law.
     
  9. ejaz007

    ejaz007 SENIOR MEMBER

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    SC issues notices to Musharraf, Federation

    ISLAMABAD: The Supreme Court of Pakistan has issued notices to former President General (retd) Pervez Musharraf and Federation. The former president has been directed to appear in person or thorough his counsel before the court on Tuesday.

    During proceedings of the treason case against Musharraf, the Supreme Court directed the Interior Secretary to ensure that the former president does not leave the country. The apex court has also summoned a report from the Interior Secretary regarding the name of Musharraf being placed on the Exit Control List.

    Earlier, Justice Jawwad S Khawaja inquired as to which court would hear the treason case against Musharraf. Justice Khilji Arif remarked that the constitution clearly states that those who violate it must be tried under article 6.

    The counsel of petitioner Maulvi Iqbal Haider, AK Dogar argued that Pervez Musharraf had imposed emergency and he should be tried under article 6 of the constitution. He added that according to the 31 July judgment, Musharraf violated the constitution and action should be taken against him. According to Dogar the federation had not taken any steps to initiate action against Musharraf.

    Justice Khawaja remarked that a notice would be issued to find out the motive of the federation. He further said that it was the responsibility of the court to ensure the requirements of justice were being fulfilled.
    AK Dogar said that a notice had been issued to Pervez Musharraf during proceedings of the case against the imposition of the November 9 emergency.

    Meanwhile the counsel of Lahore High Court Bar Association President Taufiq Asif, Hamid Khan argued that according to the 1973 treason law, the federal government had to designate someone for the trial. On January 23, 2012 the Senate approved a resolution that Musharraf should be arrested upon his return to Pakistan. He added that despite the courts order and Senate resolution the former president had not been arrested.

    The hearing of the case has been adjourned till April 9.

    SC issues notices to Musharraf, Federation - thenews.com.pk
     
  10. Leader

    Leader ELITE MEMBER

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    nothing good comes out of the evil. hence evil door = military intervention should be closed for good,

    we can discuss his pros and cons, but an illegal act is illegal.
     
  11. Argus Panoptes

    Argus Panoptes BANNED

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    His coup is the very crime that fits the description in Article 6: "Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason."

    On what legal basis did Gen Musharraf decide to put himself above the Constitution? Making an example of him to make future military officers from doing the same is important and long overdue. Now is the time to drive home this lesson once and for all.
     
  12. Awesome

    Awesome RETIRED MOD

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    Yes but his coup was constitutionally 'ratified' by Parliament AND Supreme Court.

    Nov 3 action is somewhat more incriminating as it was never 'okayed' by any institution. However as President he had the right to impose Emergency and as President he also had immunity.

    IF Nov 3 action can be proven as a Crime, then by all means do so. But his coup was not a crime.
     
  13. Argus Panoptes

    Argus Panoptes BANNED

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    A retrospective "ratification" given under the coercive Doctrine of Necessity does not absolve Gen Musharraf of the crime. But that is only my opinion, which is worthless. Let the Supreme Court decide what it will.
     
  14. Awesome

    Awesome RETIRED MOD

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    At the end of the day, even Anarchy is not illegal. The nation as a whole can decide to overthrow every institution in Pakistan and if the nation agrees, that doing so is legal then even constitution has no worth.

    Recall the Jan 2011 decision on Gilani's case. The one with various options. It gave various options but in the end Option 6 said - leave it to the political sovereign. Political sovereign is the public, the electorate.

    IF the public accepted Musharraf's actions, nothing is above it.

    Musharraf was ratified by:

    1) Supreme Court
    2) Referendum
    3) Parliament

    Hence I repeat, his coup on Oct 12, 1999 was not an illegal act.

    You will have to prove coercion.
     
  15. Argus Panoptes

    Argus Panoptes BANNED

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    Since I am not a lawyer, and I do not have the wisdom to have your certainty of being convinced that Gen Musharraf did not commit the crimes he is accused of, I guess I will let the Supreme Court decide in its infinite wisdom how to rule on this case.