SC upholds death penalty for Pervez Musharraf in high treason case
ISLAMABAD (92 News) - The Supreme Court on Wednesday upheld the death sentence for former president Pervez Musharraf in the high treason case.
No one represented Pervez Musharraf in the appeal during the hearing. The court declared his appeal ineffective for not pursuing it. The court also nullified the Lahore High Court notification that had declared the special court null and void. Former president Pervez Musharraf died in Dubai on February 5, 2023.
Justice Qazi Faez Isa remarked that verdicts should not be announced on the basis of assumptions. "The door for the relatives' right should not be closed. How can the court get support from the Article 561A?"
The verdict ruled that it has to be looked whether an appeal against a deceased person could be heard or not. "Whether the legal relatives of Pervez Musharraf will be eligible to get privileges awarded to him. No contact could be made with the relatives of Pervez Musharraf despite repeated attempts. We have no option except to uphold the death penalty," it declared. Counsel Salman Safdar told court that Pervez Musharraf's relatives know about the case and had issued no directions in favour or against the case.
On December 17, 2019, the special court had handed down death penalty to former president Pervez Musharraf in the high treason case. A three-member bench of the special court headed by Peshawar High Court Chief Justice Waqar Ahmad Seth and comprising of Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the LHC awarded the penalty.
However, one of the judge dissented from the sentence. According to the verdict, Pervez Musharraf had violated the constitution on November 3, 2007. It was stated in the verdict that the violation of the constitution is proved against Pervez Musharraf and he is awarded death penalty under Article 6. The high treason case against the former president for clamping the state of emergency on Nov 3, 2007, had been pending since December 2013. He was booked in the case in December 2013.
Musharraf was indicted on March 31, 2014, and the prosecution had tabled the entire evidence before the special court in September the same year. However, due to litigation at appellate forums, the trial of the former military dictator lingered on and he left Pakistan in March 2016. Later, the formation of a special court in the high treason case was challenged in the Lahore High Court (LHC).
