Dubai: The special court in its detailed verdict of death penalty given to former Pakistan Army Chief and ex-president General (retired) has ordered to hang the convict (Musharraf) by neck till he dies.
The detailed verdict issued in the treason case against General Musharraf has shocked people especially the armed forces of Pakistan. The orders penned down in the verdict were hair raising.
“As a necessary corollary to what has been observed we find the accused guilty as per charge. The convict be hanged by his neck till he dies on each count as per charge,” says the verdict.
“We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict (Musharraf) 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,” it further says. D-Chowk, also referred to as Democracy Chowk (crossing), is a large square located on the junction of Jinnah Avenue and Constitution Avenue in Islamabad and is a notorious place for rallies and protests.
Gulf News is also in possession of the copy of the detailed verdict.
The court also ordered all those involved in facilitation be tried in the court to dispense the justice.
“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.”
The detailed verdict in the high treason case against former military ruler General (retd) Musharraf was released on Thursday, two days after the special court found the former president guilty of treason and handed him a death sentence.
Given enough time
Dismissing criticism of a trial conducted ‘in haste’, the Special Court stated that Musharraf had “been afforded more than his due share of fair trial” and “given every opportunity to defend himself”, Dawn news reported.
The court further said that “the facts of the case are well documented” and “clearly demonstrate guilt on part of the accused”.
“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 judgement 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.
The court had sentenced Musharraf to death on Tuesday for imposing a state of emergency on November 3, 2007, adding that it had found him guilty of high treason in accordance with Article 6 of the Constitution of Pakistan.
The case was heard by a bench comprising Justice Waqar Ahmad Seth of the Peshawar High Court, Justice Shahid Karim of the Lahore High Court and Justice Nazar Akbar of the Sindh High Court.
Guilty of treason
“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 judgement issued today read.
“The then Corps Commanders Committee, in addition to all uniformed officers who were guarding him [Musharraf] each and every time, with boots on, are equally and full involved in the act and deeds of the accused person,” says the unprecedented verdict.
“Each and every member of the Armed Forces, as per their oath under the 3rd schedule to the Constitution in pursuance to Article 244 is bound to bear true faith and allegiance to Pakistan and uphold the constitution which embodies the will of the people,” the judgement stated. “They have also sworn not to engage themselves in any political activities whatsoever.”
The judge noted that Musharraf’s aiders and abettors had not been made part of the complaint when it was filed by the federal government. However, the verdict said, that does not absolve the government from “investigating these officers and filing a complaint against them”.
The 167-page verdict has been wrote by Justice Seth, who along with Justice Karim said that the evidence presented had proved that Musharraf committed a crime.
Dissenting note
“I have respectfully gone through the proposed judgement wrote by my brother Waqas Ahmad Seth J [ ...] with my humble comprehension of law and justice, I happened to dissent with majority view of my learnt brothers,” said Justice Akbar in his dissenting note.
What is Article 6
Article 6 of the Constitution says: “Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason.”
