Byline: SHAHID RAO
ISLAMABAD -- The Special Court Thursday issued its detailed judgment in high treason case against former army chief general (r) Pervez Musharraf saying that he persistently and stubbornly strived ever since the commencement of this trial to delay, retract and in fact evade it.
Musharraf was tried in absentia for high treason and handed death sentence under Article-6 of the Constitution on December 17 through a short order.
A three-member Special Court headed by Chief Justice of the Peshawar High Court (PHC) Waqar Ahmed Seth, Justice Nazar Akbar of the Sindh High Court (SHC) and Justice Shahid Karim of the Lahore High Court (LHC) convicted him with a 2-1 split judgment. Justice Nazar Akbar dissented with the majority judgment.For the first time in Pakistan's history a military chief has been declared guilty of high treason and handed death sentence.
The detailed judgment comprising 169-page said the court has found the accused guilty and it ordered for hanging the former General-President.
Justice Waqar, who authored the judgment, also wrote that they direct the law enforcement agencies to make best efforts to apprehend Musharraf and ensure the punishment 'and if found dead, his corpse be dragged to D-Chowk, Islamabad and be hanged [there] for three days.'
Justice Shahid Karim endorsed the capital punishment but did not concur with the portion of 'dragging Musharraf's corpse'. 'I have read the judgment of the President of Special Court (Justice Waqar) and concur with the findings and punishment, except the para 66 (which deals with dragging Musharraf's body to D-Chowk),' he wrote.
The judgment said that the Special Court has generously granted numerous opportunities to join the trial. His convenience was acceded to when the presence of the accused was dispensed with after framing of the charge, yet the accused opted to become a fugitive from law. However, it has been the plea of accused throughout that either on account of ill health or for security hazards he could not reach up to this Court to face the trial.
The detailed verdict said that the trial of High Treason is the requirement of the constitution against all those individuals who undermines or attempts to undermine the constitution by any means. It stated that indeed, the portion of the judgment and execution of the sentence is nowhere defined, 'but since it is first impression case and the sentence of death is announced in his absence after declaring the convict as proclaimed offender therefore the sentence is supposed to be executed and in case of his death a question would arise as to the mode of executing the sentence, therefore that mode of execution.'
The judgment said that this Court after presentation of undeniable, irrefutable and unimpeachable evidence...