Tag: treason

  • 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).

  • Imaan Mazari handed to police on three day physical remand

    Imaan Mazari handed to police on three day physical remand

    An anti-terrorism court has handed over Imaan Mazari, the daughter of former federal minister Shireen Mazari, to the police on a three-day physical remand.

    Anti-Terrorism Court Judge Abual Hasanat heard the case against Imaan Mazari in which prosecutor Raja Naveed appeared in court while Zainab Janjua appeared on behalf of Iman Mazari.

    During the hearing, prosecutor Raja Naveed argued that a case had been registered against Imaan Mazari in Bara Kahu police station. The plaintiff accused Imaan Mazari of inciting the youth and instigating them against the state, alleging that he received threats when he broke away from Imaan Mazari’s party.

    Prosecutor Raja Naveed requested the physical remand, which was opposed by her lawyer, saying that a new case was made on the same day that Imaan was supposed to get bail. He asked how can three cases be registered on the same incident.

    She said that a drama is being constructed against Imaan Mazari, while the real purpose of the prosecution against her is something else.

    Imaan’s lawyers requested to discharge her from the case.

    After listening to the arguments of the parties, ATC judge Abual Hasnat reserved the decision, after which she was handed over to the police on a three-day physical remand.

  • PM claims to have intelligence on Nawaz’s ‘treason’

    PM claims to have intelligence on Nawaz’s ‘treason’

    Prime Minister Imran Khan has claimed to have intelligence on Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif, alleging that former ambassador to the United States (US) Hussain Haqqani was “running Nawaz’s communication strategy”.

    Speaking to a private media outlet on Thursday, the premier was referring to the former PM’s recent speeches in public meetings of his party and the Pakistan Democratic Movement (PDM) during which he had accused the army establishment of orchestrating his ouster.

    Nawaz had gone on to name the Army and Inter-Services Intelligence (ISI) chiefs and said that there was “a state above the state”.

    Reacting to his political rival’s statements, Imran on Thursday accused Nawaz of trying to create rifts within the armed forces by encouraging army personnel to “rebel against” the military leadership.

    “When they say that the [military leadership] is bad and the rest of the army is good; is army a democratic party that would move a no-confidence motion? You [Nawaz] are telling the army to launch a coup, to rebel [against the leadership]. Can there be a bigger [form of] treason?”

    When asked if the government would take up a treason case against Nawaz, the premier did not give a clear answer and said, “Treason cases are hard to prove.”

    He said that he had information on Nawaz’s activities but added that “court cases cannot be filed on agencies’ reports”.

    WATCH VIDEO:

    “A person who is sitting outside in a Mayfair luxury flat bought with stolen money is telling the army [personnel] to rebel. He is also trying to drive a wedge in the judiciary by taking the name of one judge saying he is good while another, who was a chief justice and gave the Panama judgement against him, was a bad judge.”

    “Imran Khan is a Bollywood villain but Nawaz is a democrat. The person who grew up in Ziaul Haq’s lap is a democrat today, while Imran Khan who started his party from scratch, who mobilised people to come to power is an army puppet!”

    “Nawaz Sharif suits India, not Imran Khan.”

  • I only watch wrestling on TV: judge who wants Musharraf hanged at D-Chowk

    I only watch wrestling on TV: judge who wants Musharraf hanged at D-Chowk

    Peshawar High Court (PHC) Chief Justice (CJ) Waqar Ahmed Seth, who on Thursday made headlines for his damning remarks in Gen (r) Pervez Mushrraf’s treason case judgement, has said that the only thing he watches on TV is wrestling.

    The PHC CJ, who was a part of the three-judge special court trying the former military ruler for treason, had a day earlier drawn ire of people on both mainstream and social media for proposing Musharraf’s public hanging.

    Both the government and the army had expressed “anger” over a specific paragraph 66 of the detailed judgement and termed it “unlawful”, “inhuman” and “unconstitutional”.

    Para 66 of the verdict read: “We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict [Pervez Musharraf] and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk [in front of the Parliament House], Islamabad, Pakistan, and be hanged for three days.”

    With the government deciding to move the Supreme Judicial Council (SJC) and file an appeal against the verdict during a meeting of the ruling Pakistan Tehreek-e-Insaf’s (PTI) strategic committee, chaired by Prime Minister (PM) Imran Khan after his telephonic conversation with Chief of the Army Staff (COAS) Gen Qamar Javed Bajwa, a lawyer, Advocate Moazzam Butt, on Friday praised Justice Seth for staying calm despite all the backlash.

    “It’s impressive how calm you are,” the lawyer said to Justice Seth as the latter heard a case at the PHC, Express News reported.

    Responding to the lawyer’s praise, the judge said that nothing had happened until he left home earlier in the day. “I don’t watch TV… I only watch wrestling,” he was quoted as saying.

  • Fawad Chaudhry expresses disappointment over Musharraf verdict

    Fawad Chaudhry expresses disappointment over Musharraf verdict

    Federal Minister for Science and Technology Fawad Chaudhry says that no one in Pakistan was happy with Musharraf verdict.

    A Special Court on Tuesday awarded death penalty to former dictator General (retd) Pervez Musharraf for high treason.

    Addressing a press conference in Jeddah, Fawad said that countries cannot function without the army.

    “GHQ has a vital role in formation of the country’s security policy,” said Chaudhry adding that all state institutions should respect each other and not tread into others’ jurisdiction.

    Earlier in the day, Fawad also expressed his displeasure over the verdict saying that what’s the point of verdicts like these which only serve to create further distances.

    It must be remembered that when Musharraf declared Emergency on November 3, 2007, Imran Khan said on Dr. Shahid Masood’s show that Musharraf must be tried for high treason and should get the death penalty.

    https://twitter.com/hyzaidi/status/1207003979596652544?s=20
  • VIDEO: ‘Being tried for treason after serving Pakistan all my life,’ says ailing Musharraf from hospital bed

    VIDEO: ‘Being tried for treason after serving Pakistan all my life,’ says ailing Musharraf from hospital bed

    Former military ruler General (r) Pervez Musharraf has regretted being tried for treason “despite having served Pakistan all his life”.

    In his latest video message from American Hospital Dubai, Musharraf, who is facing a high treason case back in Pakistan for implementing emergency rule and suspending the constitution in 2007, said that he was “very ill”.

    “I keep coming and going to the hospital,” he said, adding that his version of the story “wasn’t being heard”.

    “Even my lawyer Salman Safdar is not being heard by the court,” he said, adding that he had fought wars for Pakistan and served his country for 10 years.

    Musharraf also said that he was ready to record his statement with the commission, provided they came to Dubai.

    WATCH VIDEO:

    “As for me, the commission can come here, I can give them a statement. They can come and hear me, see my condition and then decide for themselves. When they return, they can give their statement and my lawyer will be heard in the court too and I hope it is then that I will get justice,” he said.

    The former army chief, who has been residing in the United Arab Emirates (UAE) for a while now, felt under the weather Sunday night and was admitted to the hospital. He was set to undergo various tests in this regard.

    Musharraf’s close aide and the ex-chairperson of the All Pakistan Muslim League (APML), Dr Muhammad Amjad, said the ex-president was rapidly becoming weaker due to an unknown disease, which is why he was unable to return to Pakistan to face the treason case.

    A couple of days ago,Minister for Science and Technology Fawad Chaudhry had called Musharraf the nation’s benefactor, saying he had “rid the country of Pakistan Muslim League-Nawaz (PML-N) chief Nawaz Sharif in 1999”.

    “When Musharraf was in power, a lot of people used to stand queuing up to light his cigar,” he had added.