SC upholds ex-military dictator Musharraf’s death sentence in treason case – Pakistan


The Supreme Court on Wednesday upheld the death sentence of late former navy ruler Pervez Musharraf, awarded to him by the Special Court in the excessive treason case.

Announcing the quick order, Chief Justice of Pakistan (CJP) Qazi Faez Isa stated, “The impugned handed on January 13, 2020 by the Lahore High Court (LHC) […] is just not sustainable and accordingly put aside.”

The order comes as a 4-decide SC bench took up a set of appeals pertaining to the Jan 13, 2020 LHC order declaring unconstitutional the death sentence awarded to Musharraf on Dec 17, 2019.

Justice Syed Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minallah had been different bench members listening to the appeals.

In December 2019, a particular courtroom in Islamabad discovered Musharraf responsible of excessive treason and handed him a death sentence beneath Article 6 (excessive treason) of the Constitution.

It marked the primary time in Pakistan’s historical past {that a} navy chief had been declared responsible of excessive treason and handed a death sentence. The verdict was break up 2-1.

In January 2020, the LHC had declared unconstitutional all actions taken by the federal government in opposition to Musharraf, together with the submitting of a grievance on excessive treason cost and the formation of a particular courtroom in addition to its proceedings, resulting in the abolition of the death penalty handed right down to him.

The bench — headed by Justice Mazahar Ali Akbar Naqvi and in addition comprising Justice Mohammad Ameer Bhatti and Justice Mohammad Masood Jahangir —had additionally put aside Section 9 of Criminal Law Amendment (Special Court) Act, 1976 for being violative to basic rights and dominated in opposition to retrospective impact given to an modification in Article 6 of the Constitution, which offers with excessive treason.

In November, the highest courtroom had fastened for listening to a set of appeals, together with one filed by the late navy dictator. Days later, it had additionally admitted for listening to appeals in opposition to the ex-president’s acquittal.

The counsels in this matter together with Vice Chairman of Pakistan Bar Council Haroon ur Rashid, senior counsel Hamid Khan, Rashid A. Rizvi and others had primarily challenged the LHC’s determination for having “no authorized or territorial jurisdiction, corum non judice (not earlier than a decide), the excessive courtroom’s train of SC’s powers and the maintainability of Gen Musharraf’s petition filed earlier than the LHC”.

While presiding over the case in November, CJP Isa had assailed the LHC for knowingly overlooking earlier choices of the apex courtroom by its 2020 judgment.

In a subsequent listening to, the highest courtroom had poked holes in the LHC determination, observing that it addressed points past the scope of the preliminary petition.

In one other listening to, Justice Minallah had remarked that the judges who granted authorized cowl to Musharraf’s martial legislation needs to be tried in courtroom.

During the proceedings in the present day, petitioner Hamid Khan and Musharraf’s counsel Salman Safdar appeared earlier than the courtroom.

The courtroom dismissed the set of appeals, noting that “regardless of making an attempt to take action, Musharraf’s authorized heirs couldn’t be contacted”.

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