Detailed judgment: Facilitators of Pervez Musharraf?s escape, abettors of high treaso

[ahlam1399]

ISLAMABAD: The detailed judgment of the special court that imposed death penalty on former dictator Gen (retd) Pervez Musharraf for committing high treason ruled that all those who facilitated his escape from Pakistan should be brought into the net of due course of law.The verdict authored by the Peshawar High Court Chief Justice Waqar Ahmad Seth, who presided over the three-member special tribunal, held that the military personnel who “guarded” “abetted” Musharraf should be held accountable.“. . .The corps commanders committee in addition to all other uniformed officers who were guarding him each and every time with boots on are equally and fully involved in the acts and deeds of the accused person. The ratio decidendi [rule of law on which a judicial decision is based] of the [2016 Supreme Court] judgement is that the aiders and abettors can’t be inducted by the court in a complaint filed by the federal government, meaning thereby the federal government/complainant is not absolved of not investigating these officers and filing a complaint against them, which they can do at any time. If for a moment it is presumed that military high command, including corps commanders were not involved then why they failed to defend and protect the Constitution by not retraining a man in uniform, but unfortunately the cronies of the accused has been left free till date,” the verdict said.The judgement said 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 be brought in the net of due course of law and their criminal acts, if any, may be investigated and tried in accordance with law.Justice Seth wrote that Musharraf confessed the officers/officials quo his accomplices yet the same have not been arrayed as co-accused by the complainant federal government for reasons best known. Even otherwise, it is unbelievable and unimaginable that such an extreme act is committed alone by a single man in uniform, it added.Meanwhile, the judgement said that Article 6 is the only safeguard within the Constitution that deals with an offender, who challenges or attempts to challenge the boundary of the social contract between citizens and the State. The trial of the high treason is the requirement of the Constitution against all those individuals who undermines or attempts to undermine the Constitution by any means. In his separate note, Justice Shahid Karim also described Article 6 as a bulwark against any creeping coup which may cause a constitutional deviation.Justice Seth also mentioned the frequent resort to the infamous doctrine of necessity in the past and said Musharraf’s reverence towards this doctrine is not in consonance with the pronouncements of the Supreme Court. In Pakistan, during 72 years of its independence to our misfortune several times, the constitutions framed by legislative bodies were desecrated. Sovereignty of people was not allowed to flourish and get deep-rooted in the policy of our country.The verdict said that prior to 3rd Nov, 2007, the constitutions were either abrogated or put in abeyance and the democratic system of governance was put to an end. For the first time, the Constitution of 1956 was abrogated on 7th Oct, 1958, and martial law was imposed by then President Iskandar Mirza, who dismissed the Central and Provincial Assemblies and abolished all political parties and appointed General Muhammad Ayub Khan, the then commander in chief, as martial law administrator.On 25th, 1969, again the then head of the army, General Agha Muhammad Yahya Khan abrogated the Constitution of 1962 and promulgated martial law followed by Provincial Constitution Order. On 5th July, 1977, once again martial law was imposed by the then army chief, who vide proclamation of martial law, dissolved the National Assembly, the Senate, the provincial assemblies etc. and put the Constitution of 1973 in abeyance followed by laws (Continuation in Force) Order 1977.According to the judgement, had the superior judiciary, at that time, not introduced the doctrine of necessity and had proceeded against the usurpers, abrogater, subverters, the nation would not have been seen this day at least where an officer in uniform repeats this offence. This infamous doctrine of necessity was introduced by the Supreme Court in the case of Moulvi Tameezuddin Khan which was nourished in the Dosso’s case.In the case of Syed Zafar Ali Shah, this doctrine of necessity attained maturity, but, finally, the Supreme Court in Syed Yusuf Raza Gilani, Prime Minister’s case, buried their self-endorsed doctrine of necessity probably forever while observing “as a court of law, we can’t base our judgements on the anticipated consequences of our decision, else we will be reverting to the malignant doctrine of necessity which has already been buried, because of the valiant struggle of the people of Pakistan.”Later, the judgement said: there was another onslaught on the ongoing democratic system of governance. On 12th Oct, 1999, the then army chief, Musharraf once more, put the Constitution in abeyance and the whole of Pakistan was brought under the control of armed forces. The National Assembly, the Senate and provincial assemblies were suspended and the chairman and deputy chairman of Senate, the speaker and deputy speaker of National Assembly and provincial assemblies were suspended followed by issuance of the PCO and the Oath of Office (judges) Order.Resultantly, as many as 61 judges of superior judiciary, including the chief justice of Pakistan and chief justices of three provinces were made dysfunctional. Musharraf self-styled himself as the chief executive and started ruling the country under the new dispensation, the verdict said.http://feeds.feedburner.com/~r/com/cwEr/~4/YZkKAC94XZY

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