Top Pakistan court to hear Musharraf treason petition

Islamabad: Pakistan’s Supreme Court has issued notices to ex-president Pervez Musharraf and the Federation in connection with petitions seeking trial of the former military ruler for treason, an offence punishable with death under the country’s constitution.

A two-judge bench of the top court directed Musharraf to appear in person or through his counsel before the court on Tuesday.

The court on Monday ordered top police officials of Islamabad and four provinces to ensure that the notice is served on Musharraf, who returned to Pakistan on March 24 to lead his party into the May 11 general elections.

The former military president, who faces threats to life from Taliban and others, is living in his well-guarded farmhouse in the capital.

During the preliminary hearing of the petitions, the court also directed the interior ministry to put Musharraf’s name on the government’s exit control list if it has not been done so far. People placed on the list stand barred from leaving the country.

The Federation and all departments under it must ensure that the former president does not leave Pakistan until the court’s final verdict, the bench ordered.

The petitions were filed last week by Taufiq Asif, president of the Rawalpindi chapter of the Lahore High Court (LHC) Bar Association, and advocate Maulvi Eqbal Haider.

Originally, it was announced that chief justice Eftikhar Mohammad Chaudhry would head the bench but he withdrew form it later, leaving the hearing of the petitions to justice Jawad S. Khawaja and justice Khilji Arif.

The petitioners have based their pleas for initiation of a treason case against Musharraf on imposition of emergency and suspension of the constitution by him on November 3, 2007, in his dual capacity as army chief and detention of the chief justice and dozens of judges of superior courts.

A.K. Dogar, counsel for Maulvi Iqbal Haider, argued that according to Supreme Court’s judgment of July 31, 2009 Musharraf had violated the constitution and he should be prosecuted under Article 6 related to treason.

Dogar said the Federation had not taken any steps to initiate action against Musharraf.

Hamid Khan, counsel for LHC Bar president, argued that according to law the federal government had to institute a treason case against the former military ruler.

He recalled that in January 2012 the Senate had passed a resolution that Musharraf should be arrested upon his return to Pakistan.

He added that despite the top court’s 2009 verdict and the senate resolution the former president has not been taken into custody.