From Dictatorship to Death penalty: Tale of Musharraf

Former Pakistan Army Chief and ex-president General (retired) Pervez Musharraf has been awarded the death sentence in a treason case by a special court.

The special court’s bench comprising Justice Waqar Ahmad Seth of the Peshawar High Court, Justice Shahid Karim of the Lahore High Court and Justice Nazar Akbar of the Sindh High Court (SHC) heard the case. 

According to Article 6 of the 1973 Constitution, Pervez Musharraf has been found guilty for violating the law of Pakistan. 

According to Article 6, any person who 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.

And a person found guilty of high treason as defined in Article 6 of the Constitution, shall be punishable with death or imprisonment for life.

This is the first time in the history of Pakistan that a former army chief has been handed the death sentence. 

Right to appeal against the death penalty

Musharraf has a right to appeal against the verdict sentencing a death penalty but the interesting point is that his pleas will not be heard in the Islamabad High Court or any other Court of Pakistan

Musharraf’s case is already being heard by three High courts of the country, in which one the court sentenced him the death penalty today. The second is the Islamabad High Court while the third is the Supreme Court of Pakistan, which has not taken any notice at present.

Musharraf has only 30 days to appeal while his return is also required to file an appeal and the plea can only be filed in the Supreme Court.

Treason case

Musharraf was booked in the treason case in December 2013 for imposing a state of emergency on 3rd November November 2007 suspending the constitution of Pakistan.

Under the emergency, all civil liberties, human rights, and democratic processes were suspended from November 2007 to February 2008.

The Pakistan Muslim League-Nawaz (PML-N) government filed the treason case against Musharraf over the former dictator’s imposition of an extra-constitutional emergency in November 2007.

Musharraf was charged on 31st March 2014, and the prosecution tabled the entire evidence before the special court in September the same year. However, due to trial at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016.

Final years in Pakistan

The final years of his rule were marked by struggles with the judiciary stemming from his wish to remain head of the army while also being president.

Musharraf resigned as president in 2008, he was replaced by Pakistan Peoples Party chairman Asif Ali Zardari. 

He established a new political party in 2010, the All Pakistan Muslim League (APML), but the party failed to gain much traction with Pakistani voters.

In 2013, after Musharraf was briefly held under house arrest, the Nawaz Sharif’s government asked the Supreme Court to try Musharraf for treason.

In March 2016, Musharraf left Pakistan for Dubai, after seeking permission from the Supreme Court ion medical terms but he never returned back.

Musharraf has been living in Dubai and London since 2016 after he was allowed to travel on medical grounds. He never went back despite court orders and was also earlier put on the list of most wanted people.

List of cases against the Dictator

1) Involved in killing Baloch politician Nawab Akbar Bugti in 2006.

2) Placing 60 judges under house arrest in 2007.

3) Accused of assassinating Benazir Bhutto

4) Suspect in murder of cleric Abdul Rasheed Ghazi during the 2007 Lal Masjid operation.

Musharraf, a 76 years old dictator was born in the old city of New Delhi in 1943, He was commissioned in Pakistan’s army in 1964, joining the officer corps and seeing action in the country’s 1965 and 1971 wars against India.

He rose swiftly through the ranks, and, in 1998, was appointed as army chief and later become the president of Pakistan.