ISLAMABAD: The Supreme Court observed on Wednesday that the decision of a special court, awarding the death sentence to the late former military ruler Gen (retd) Pervez Musharraf for high treason, was still intact.
The court allowed his lawyer to contact the deceased family to find out whether or not it wanted to pursue his appeal against the sentence.
On 17 December 2019, a special court comprising of Chief Justice of the Peshawar High Court Waqar Ahmed Seth, Justice Nazar Akbar of the Sindh High Court and Justice Shahid Karim of the Lahore High Court found Musharraf guilty of high treason and sentenced him to death.
Former Pakistani president and military ruler Pervez Musharraf was tried for high treason stemming from his actions on 3 November 2007 when he subverted and suspended the Constitution of Pakistan, sacking 15 Supreme Court judges and 56 judges of the provincial High Courts while putting the then Chief Justice of Pakistan Iftikhar Ahmed Chaudhary under house arrest. It was the first time in the country’s history that a former military ruler faced a trial for treason.
Musharraf, however, filed a petition in the court challenging his sentence. On 13 January 2020, a Lahore High Court three-member bench comprising Justice Mazahar Ali Akbar, Justice Muhammad Ameer Bhatti and Justice Chaudhry Masood Jahangir unanimously annulled the formation of the special court and subsequently the death sentence, calling the special court that held the trial of Pervez Musharraf as unconstitutional. The court also stated that the case was not framed as per the law. Musharraf’s political party responded to the verdict stating “supremacy of the law and Constitution has been established”. Later, both the matters were challenged in the Supreme Court.
On Wednesday (Nov 22), the four-member bench — comprising Chief Justice of Pakistan Qazi Faez Isa, Justice Athar Minallah, Justice Mansoor Ali Shah and Justice Aminuddin Khan — heard Musharraf’s appeal against his conviction in the high treason case. The bench observed that the LHC three-member bench could not set aside the Musharraf’s sentence, saying how the LHC could overrule the SC orders. The Chief Justice also asked senior advocate Hamid Khan to assist the court in the matter.
Justice Minallah told Musharraf’s the lawyer that the decision would have an impact, adding that Musharraf’s family would not receive his pension and other benefits in case the sentence remains intact.
Justice Shah inquired whether or not the federal government was defending the LHC decision. The Attorney General replied that he would not defend the LHC decision.
Justice Minallah observed that even after the LHC verdict, the special court’s decision remained intact even though Musharraf had expired.
