Chakar The Great
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KARACHI / ISLAMABAD:
Political analysts and lawyers have called Gen (retd) Pervez Musharraf’s conviction and sentencing in a high treason case as “unprecedented” in the judicial history of Pakistan where courts in the past had legitimised unconstitutional moves on the basis of “doctrine of necessity”.
Though they see slim chances of implementation of the special court judgment, still they believe the sentencing of a former army chief for subverting the Constitution carries “symbolic importance”.
“Pakistan is changing – and for the better,” said political analyst Lt Gen (retd) Talat Masood while commenting on Musharraf’s conviction. “The judgment confirms that the present courts as independent and fair,” he added.
Masood said the judgment was “extraordinary” given how the judiciary had conducted itself in the past. “The verdict means nobody is above the law. Previously, there used to be a hierarchy but now every person is subject to Pakistan’s law and the Constitution,” he added.
Special court sentences Musharraf to death in high treason case
“It [the decision] conforms with the law and Constitution of the country – it is a legal judgment that vindicates the present courts as fair and honest,” said Masood.
Masood said the decision was “extraordinary considering how the judiciary has conducted itself in the past.”
“The verdict means that the rule of law is applicable to all – nobody is above the law. Previously, there used to be a hierarchy but now every person is subject to Pakistan’s law and the Constitution,” he said. “It is transformational – a healthy change. It confirms that the judiciary is independent and deciding cases in accordance with the law and Constitution,” he added.
Masood further said the circumstances in which Musharraf toppled Nawaz Sharif’s government and imposed emergency may be debatable. “But one cannot continue to use the same tactics hence the judgment is important.”
General (retd) Khawaja Ziauddin Abbasi aka Ziauddin Butt termed the judgment fair and said it was the first time the judiciary had “given the right verdict”.
“The decision was a long time coming,” said the former general whose appointment as army chief by the then-premier Nawaz Sharif on that fateful night of October 1999 triggered a series of event which led to the infamous military coup by General (retd) Pervez Musharraf.
Butt said some judges had “shown the courage to stand by the law and the Constitution”.
“It was his [Musharraf] own doing. The man responsible for causing so much damage to the country deserved to be brought to justice,” he added.
CJP Khosa played key role in concluding treason case against Musharraf
Masood said the verdict has sent a message that no one was above the law. Political analyst Tariq Pirzada agreed with Masood. “The ruling sends a signal that Pakistan is changing and its judicial system has changed”.
Ikram Chaudhry, a former member of the prosecution team in Musharraf treason case, calls it a landmark judgment. “It will serve as great deterrence against unconstitutional acts,” he said.
Pakistan Bar Council member Raheel Kamran Sheikh echoed the same sentiment. “The decision has far-reaching consequences,” he told The Express Tribune.
High treason: Justice Naqvi refers Musharraf’s stay plea to LHC CJ Khan
“All martial law enforcers remained and acted in a state of insecurity vis-à-vis international and domestic legitimacy and validation of their takeovers on return to democracy,” he added.
Musharraf, who is currently receiving treatment in a UAE hospital, has the option to challenge the verdict in the Supreme Court, and appeal for a presidential pardon, if the apex court upholds his conviction and sentence.
Ziauddin doubts the former army chief would return. “He may cite his medical condition as an excuse against extradition,” he said.
Masood added that “it is very much possible that the UAE may not follow through if Pakistan requests Musharraf’s extradition, considering his health”.
He said there was also a possibility that President Arif Alvi might pardon the former military ruler. “His [Musharraf’s] counsel will challenge the verdict and the decision may take a long time.”
Hamid Khan, a lawyer and founding member of the ruling Pakistan Tehreek-e-Insaf, said the government should withdraw all civil and military awards conferred on Musharraf.
“He should not be entitled to pension and other perks and privileges given to retired officers,” said Khan, whose basic party membership was recently suspended by the PTI.
PS: I think this is a very bold and excellent decision by the honorable judges based on pure merit of case. Law should be equal for every one. Musharaf had taken oath not to take part in politics later he dismantled democratically elected government and became President.
Political analysts and lawyers have called Gen (retd) Pervez Musharraf’s conviction and sentencing in a high treason case as “unprecedented” in the judicial history of Pakistan where courts in the past had legitimised unconstitutional moves on the basis of “doctrine of necessity”.
Though they see slim chances of implementation of the special court judgment, still they believe the sentencing of a former army chief for subverting the Constitution carries “symbolic importance”.
“Pakistan is changing – and for the better,” said political analyst Lt Gen (retd) Talat Masood while commenting on Musharraf’s conviction. “The judgment confirms that the present courts as independent and fair,” he added.
Masood said the judgment was “extraordinary” given how the judiciary had conducted itself in the past. “The verdict means nobody is above the law. Previously, there used to be a hierarchy but now every person is subject to Pakistan’s law and the Constitution,” he added.
Special court sentences Musharraf to death in high treason case
“It [the decision] conforms with the law and Constitution of the country – it is a legal judgment that vindicates the present courts as fair and honest,” said Masood.
Masood said the decision was “extraordinary considering how the judiciary has conducted itself in the past.”
“The verdict means that the rule of law is applicable to all – nobody is above the law. Previously, there used to be a hierarchy but now every person is subject to Pakistan’s law and the Constitution,” he said. “It is transformational – a healthy change. It confirms that the judiciary is independent and deciding cases in accordance with the law and Constitution,” he added.
Masood further said the circumstances in which Musharraf toppled Nawaz Sharif’s government and imposed emergency may be debatable. “But one cannot continue to use the same tactics hence the judgment is important.”
General (retd) Khawaja Ziauddin Abbasi aka Ziauddin Butt termed the judgment fair and said it was the first time the judiciary had “given the right verdict”.
“The decision was a long time coming,” said the former general whose appointment as army chief by the then-premier Nawaz Sharif on that fateful night of October 1999 triggered a series of event which led to the infamous military coup by General (retd) Pervez Musharraf.
Butt said some judges had “shown the courage to stand by the law and the Constitution”.
“It was his [Musharraf] own doing. The man responsible for causing so much damage to the country deserved to be brought to justice,” he added.
CJP Khosa played key role in concluding treason case against Musharraf
Masood said the verdict has sent a message that no one was above the law. Political analyst Tariq Pirzada agreed with Masood. “The ruling sends a signal that Pakistan is changing and its judicial system has changed”.
Ikram Chaudhry, a former member of the prosecution team in Musharraf treason case, calls it a landmark judgment. “It will serve as great deterrence against unconstitutional acts,” he said.
Pakistan Bar Council member Raheel Kamran Sheikh echoed the same sentiment. “The decision has far-reaching consequences,” he told The Express Tribune.
High treason: Justice Naqvi refers Musharraf’s stay plea to LHC CJ Khan
“All martial law enforcers remained and acted in a state of insecurity vis-à-vis international and domestic legitimacy and validation of their takeovers on return to democracy,” he added.
Musharraf, who is currently receiving treatment in a UAE hospital, has the option to challenge the verdict in the Supreme Court, and appeal for a presidential pardon, if the apex court upholds his conviction and sentence.
Ziauddin doubts the former army chief would return. “He may cite his medical condition as an excuse against extradition,” he said.
Masood added that “it is very much possible that the UAE may not follow through if Pakistan requests Musharraf’s extradition, considering his health”.
He said there was also a possibility that President Arif Alvi might pardon the former military ruler. “His [Musharraf’s] counsel will challenge the verdict and the decision may take a long time.”
Hamid Khan, a lawyer and founding member of the ruling Pakistan Tehreek-e-Insaf, said the government should withdraw all civil and military awards conferred on Musharraf.
“He should not be entitled to pension and other perks and privileges given to retired officers,” said Khan, whose basic party membership was recently suspended by the PTI.
PS: I think this is a very bold and excellent decision by the honorable judges based on pure merit of case. Law should be equal for every one. Musharaf had taken oath not to take part in politics later he dismantled democratically elected government and became President.
