- Pervez Musharraf cannot be sentenced to death: Justice Nazar Akbar
ISLAMABAD, December 19: The special court on Thursday has issued the detailed verdict of high treason case against former president general (retd) Pervez Musharraf.
The registrar office of special court has handed over the copies of verdict, consisting 169 pages, to Pervez Musharraf’s lawyers and other parties in the case. The verdict is split 2-1, with Justice Shahid Karim of the Lahore High Court agreeing with Peshawar High Court Chief Justice Waqar Ahmad Seth and Justice Nazar Akbar of the Sindh High Court dissenting.
Justice Muhammad Nazar Akbar opposed the verdict of sentencing
Pervez Musharraf to death and cleared him of the accusations while Justice Waqar Ahmed Seth and Justice Shahid Fazal Karim handed him the death penalty. The detailed verdict has been termed as first of its kind.
“We are of the considered view that the accused in this High Treason case has been afforded more than his due share of fair trial. The protected trial of a constitutional and not any ordinary offence that began six years ago in 2013, has yet to see its end in 2019. The accused, who has been given every opportunity to defend himself, has by his conduct in the proceedings only evinced his utter contempt for the law and legal institutions in this country. The facts of this case are well documented. The documents clearly demonstrate the guilt on the part of the accused. It proves beyond a shadow of reasonable doubt all the charges of High Treason leveled against accused by the State”.
“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 judgment.
“As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be therefore hanged by his neck till he dies on each count as per charge”.
“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.”
“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,” the judgment stated.
“This Court after the presentation of undeniable, irrefutable and unimpeachable evidence by the prosecution against the accused reaches to the conclusion that indeed accused [Musharraf] is guilty and deserves exemplary punishment.
“We, with the majority of 2 as to 1, allow the complaint and hold the accused guilty of high treason as defined at Article 6 of the Constitution and pass punishment under section 2 High Treason (Punishment) Act, 1973. Thus, the convict be hanged by his neck till he is dead,” the judgment issued on Thursday read.
“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 brought in the net of due course of law and their criminal acts (if any) may be investigated and tried in accordance with law,” the judgment adds.
“A dictator stays in power only as long as he manages to subvert the will of his people. The usurpation of the functions of government and other organs of State established by the Constitution tantamount to subversion of the Constitution. Exercise of undue influence over judiciary (such as making them cease office and/or take fresh extra-constitutional oath) do tantamount to subversion of the Constitution,” says detailed judgment.
Justice Waqar Ahmed Seth, along with Justice Shahid 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”.-Sabah
