Staff Report
ISLAMABAD: The detailed verdict in the high treason case against former military ruler retired Gen Pervez Musharraf was released on Thursday, two days after the special court found the former president guilty of treason and handed him a death sentence.
The bench was headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprised Justice Nazar Akbar of the Sindh High Court (SHC) and Justice ShahidKarim of the LHC. The verdict was split 2-1, with Justice Akbar disagreeing with the sentence.
The 167-page verdict has been authored by Justice Seth, who along with Justice Karim said that the evidence presented had proved that Musharraf committed a crime. Justice Karim concurred with the findings and punishment, with the exception of paragraph 66 which mentions “dragging the body to D-Chowk”.
“I dissent with the President […] it has no basis in law and will be ultra vires for this court to do so. In my opinion it is enough to sentence the accused to death,” said Justice Karim.
“It is patent by the act and conduct of the accused facing trial, that he has persistently and stubbornly strived ever since the commencement of this trial, to delay, retract and in fact evade it. It has been his plea throughout that either on account of ill health or for security hazards he could not reach up to this Court to face trial,” said the judgement.
“If for a moment it is presumed that military high command including core commanders were not involved then why they failed to defend and protect the Constitution of the Islamic Republic of Pakistan, 1973 by not restraining a man in uniform […] the then Corps Commanders Committee in addition to all other uniformed officers who were guarding him each and every time, with boots on, are equally and fully involved in the act and deeds of the accused person,” says the judgement.
“The trial of high treason is the requirement of the Constitution against those individuals who undermine or attempt to undermine the Constitution by any means. This court after presentation of undeniable, irrefutable and unimpeachable evidence by the prosecution against the accused reaches to the conclusion that indeed the accused is guilty and deserves exemplary punishment. “As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be hanged by his neck till he dies on each count as per charge,” says the verdict.
“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, Pakistan and be hanged for 03 days.
“Indeed, this portion of the judgement and execution is nowhere defined but since it is first impression cases and the sentence of death is announced in his absence after declaring the convict as proclaimed offender therefore the sentence is supposed to be executed.
“It would be in the interest of justice that all those involved (if any) in facilitation of the escape of the fugitive accused may also be brought in the net of due course of law and their criminal acts (if any) may be investigated and tried in accordance with law.”
