Tag: General (Retd) Pervez Musharraf

  • Lahore High Court gave Pervez Musharraf relief which he didn’t even ask for

    Lahore High Court gave Pervez Musharraf relief which he didn’t even ask for

    The Supreme Court of Pakistan has questioned the Lahore High Court’s (LHC) decision to overturn the death sentence of former military dictator Pervez Musharraf.

    The initial death sentence was imposed by a special court in December 2019 on charges of high treason.

    The Chief Justice of Pakistan, Qazi Faez Isa, leading a four-judge bench, expressed astonishment at the approach taken by LHC, suggesting that it may have exceeded its jurisdiction in the matter.

    “At best, the LHC could do was to allow the prayers sought in the petition, but what the court did was uprooting the special court itself,” Justice Isa said.

    The special court had originally adjudicated the high treason charges against Musharraf.

    A four-member bench, headed by Chief Justice of Pakistan Justice Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Amin-ud-Din Khan conducted the hearing of the appeals of Bar Councils and others against the judgment of a three-member bench of the LHC.

    The Supreme Court’s scrutiny focused on the LHC January 2020 order, which not only declared the special court’s ruling unconstitutional but also entertained Musharraf’s appeal against his death conviction.

    A three-member bench of the LHC, headed by Justice Syed Mazahar Ali Akbar Naqvi, and comprising Justice Muhammad Masood Jahangir and Justice Ameer Bhatti on January 13, 2020, had declared; “The Special Court was established without an iota of doubt that very basis of initiation of proceedings against the petitioner/ General (R) Pervez Musharraf, since its inception to the culmination are beyond the constitutional mandate, ultra vires, coram-non-judice, unlawful, hence, any superstructure raised over it shall fall to ground.”

    It further said; “Trial in absentia is declared as illegal, unconstitutional being repugnant to injunctions of Islam, as well as, Article 2-A, 8 and 10-A of the Constitution.”

    Pervez Musharraf passed away earlier this year, on February 5, after a prolonged illness.

    The Supreme Court’s review also brought attention to concerns about the LHC’s territorial jurisdiction.

    Justice Syed Mansoor Ali Shah noted that the constitution of the special court was never directly challenged.

    The Chief Justice cautioned against labeling Musharraf as an absconder during the hearing, as it could prejudice the ongoing appeal.

    The hearing is set to continue next Tuesday.

    The Supreme Court has asked the petitioner’s counsel to conclude arguments on Musharraf’s petition against the Special Court judgment.

  • He’s gone, but Supreme Court to decide death penalty case against Musharraf

    He’s gone, but Supreme Court to decide death penalty case against Musharraf

    The Supreme Court of Pakistan is set to begin hearing a series of appeals on November 10, including those filed by the late former President, retired General Pervez Musharraf, in an attempt to overturn his death sentence, as per Dawn.

    A four-judge bench, headed by Chief Justice of Pakistan (CJP) Qazi Faez Isa, along with Justice Syed Mansoor Ali Shah, Justice Aminud Din Khan, and Justice Athar Minallah, will preside over the hearings.

    Represented by his counsel Salman Safdar, the late General filed an appeal requesting the annulment of the conviction, citing a trial process that was conducted in violation of the Constitution and the Code of Criminal Procedure (CrPC) 1898.

    The appeal seeks a suspension of the judgment in the interest of justice and fair play.

    The petition highlights Musharraf’s military career and claims that the trial for a constitutional crime was conducted in an unconstitutional manner.

    In a separate development, the Sindh High Court Bar Association contested the Lahore High Court’s decision on January 13, 2020, which deemed the Special Court’s decision unconstitutional.

    The association has appealed to the Supreme Court to reinstate the conviction for subverting the Constitution.

    Presented by counsel Rasheed A. Razvi, the appeal argues that the high court’s verdict is legally flawed, alleging a misinterpretation of evidence and failure to appreciate the material presented by the prosecution during the trial.

    Additionally, the appeal asserts that the high court neglected to acknowledge that the material presented by the prosecution before the Special Court was not denied by Gen Musharraf at any stage of the case.

    It further argues that the verdict contradicts established principles of the Qanoon-e-Shahadat Order, stating that unchallenged facts are deemed admitted by the parties and do not require further proof.

    The petition asserts that the high court’s decision contradicts the precedent set by superior courts and the Supreme Court, referencing the 2019 Lahore High Court Bar Association case.

    A special court in Islamabad found former military ruler retired Gen Pervez Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution on December 17, 2019.

    This was the first time in Pakistan’s history that a military chief has been declared guilty of high treason and handed a death sentence. The verdict was split 2-1.

    Article 6 of the Constitution says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.”

    The three-member bench of the special court was headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC).

  • PM Shehbaz’s many alleged audio leaks in 24 hours, PTI raises questions

    PM Shehbaz’s many alleged audio leaks in 24 hours, PTI raises questions

    Audios allegedly of Prime Minister (PM) Shehbaz Sharif and other Pakistan Muslim League-Nawaz (PML-N) leaders have been leaked.

    Following the leaks, Pakistan Tehreek-e-Insaf (PTI) senior leader Fawad Chaudhry took to Twitter, saying, “PM House’s data has been put on sale on the dark web. It is a major failure of our intelligence agencies, especially the Intelligence Bureau (IB). Besides political matters, important discussions on security and foreign affairs are in their hands.”

    Similarly, his party member Shireen Mazari said that the real issue is that who placed these hacking devices.

    “Real issue is who bugged the PMO/PMHouse in the first place. The hacking happened because devices were placed in these locations. So who is responsible and where did orders or decision come from? That is a question that must also be focused on,” she tweeted.

    ‘TV par ulti baatein karta hai’: Maryam Nawaz about Miftah Ismail

    In one of the audio clips, PML-N Vice-president Maryam Nawaz allegedly can be heard complaining to her uncle [PM Shehbaz] about Finance Minister Miftah Ismail. “

    “TV par ulti baatein karta hai” (He says strange things on television), she allegedly says.

    “He doesn’t take responsibility, says strange things on TV which people make fun of, he doesn’t know what he is doing,” the voice said to be Maryam’s says in the clip.

    “He clearly cut corners,” the voice said to be PM Shehbaz can be heard saying as she wishes for the return of former finance minister Ishaq Dar.

    It is pertinent to mention that Dar will take over as the Finance Minister in the coming week.

    The second clip allegedly concerns a conversation between PM Shehbaz, Defence Minister Khawaja Asif, Law Minister Azam Tarar, Interior Minister Rana Sanaullah and former National Assembly (NA) speaker Ayaz Sadiq about the resignations of PTI MNAs. The audio is said to be a recording of a cabinet meeting.

    Party leaders can be allegedly heard discussing whose resignations from PTI will be accepted. Moreover, the leaders can be heard saying that the final decision will be taken by PML-N Supremo Nawaz Sharif who is in London.

    At one point, Ayaz Sadiq can be heard saying that “Will tell them that the signatures were not correct,” allegedly talking about those PTI members whose resignations they did not want to accept.

    The third clip is allegedly a conversation between Maryam Nawaz and the PM where they are discussing the return of former Chief of Army Staff (COAS) General (retd) Pervez Musharraf.

    A voice said to be Maryam’s can be heard saying that “Army has decided to bring Musharraf back to Pakistan so before it looks like that they have an imposed a decision on us, I asked Abu (Nawaz Sharif) to tweet in favour of Musharraf’s return.”

    At the time, Nawaz had tweeted, saying: “I have no personal enmity or animosity towards Pervez Musharraf. I don’t want anyone else to suffer the trauma I have had to endure.”

    ‘Her son-in-law is very dear to her’: PM Shehbaz

    ‘Her son-in-law is very dear to her’: PM Shehbaz allegedly says in another audio leak, referring to Maryam Nawaz’s son-in-law.

    In that clip, PM Shehbaz and an unidentified man can be heard allegedly discussing about facilitating Maryam Nawaz’s son-in-law Raheel.

    The unidentified man can be heard briefing the person, alleged to be the premier, about the consequences of taking the decision.

    At this, the voice thought to belong to the PM says: “The son-in-law is very dear to Maryam Nawaz. Tell her very logically about this and then I will talk to her.” He also said that he would personally meet him once he returns from Turkey.

    At this, the other person allegedly advises PM Shehbaz to get this work done from former finance minister Ishaq Dar, to which he agrees.

  • Pakistan Army promotes two Hindu officers to Lieutenant Colonel

    Pakistan Army promotes two Hindu officers to Lieutenant Colonel

    The Pakistan Army has promoted two Hindu officers, Kelash Kumar and Aneel Kumar, to the rank of Lieutenant Colonel for the first time in the history of Pakistan.

    Dr Kelash Kumar belongs to the Tharparkar district in Sindh province and Dr Aneel Kumar belongs to the Badin district.

    They are the first officers from the Hindu community who received a promotion from Major to Lieutenant Colonel.

    They both are serving in the Medical Corps of the Pakistan Army.

    Prior to the year 2000, Hindu officers were not appointed to senior positions in the Pakistan Army. However, a former dictator, General (Retd) Pervez Musharraf had issued orders under a decree appointing Hindus to senior positions in the Army. Since then, six Hindu officers have risen to the rank of Major, of which Kelash Kumar and Aneel Kumar have now become the first officers to reach the rank of Lieutenant Colonel.

    Dr Kelash was honored with a ‘Medal of Defense’, on his courage as he performed a 36- day duty at the Saddle Checkpost in Baltoro Sector near K2 at an altitude of 22,000 feet, which is a record in itself.

    Major Dr Kelash got a commission in Pakistan Army in 2007. He joined a hospital in North Sudan as a senior doctor in 2012. He later took part in Operation Al-Mizan in Orakzai Agency of Waziristan and Operation Rah-e-Rast in Swat.

    Major Dr Aneel Kumar got a commission in Pakistan Army in 2008.

    Until now, six Hindu Army officers have been appointed in Pakistan Army.

    Hindu activist, Kapil Dev took to Twitter to celebrate the inclusivity of the Hindu community in the Armed Forces.

    He said, “History in Making Kelash Kumar becomes the first #Hindu officer to have been promoted as Lieutenant Colonel in #PakArmy. Congratulations, Kelash!!!.”