ISLAMABAD:
The Special Court on Monday indicted the former military dictator,
General Pervez Musharraf, on five counts of high treason, a charge that
potentially carries death penalty. The development marks the first time
that an acting or former army chief has been indicted for treason.
Paramilitary Rangers and the police took up positions inside the courtroom to ensure foolproof security for the judges and the accused.A three-member bench of the court, led by Justice Faisal Arab, resumed the hearing of the high treason case. The two other judges were Justice Tahira Safdar and Justice Yawar Ali.
The court summoned Musharraf to the rostrum where Justice Tahira Safdar read out the charge-sheet.The first charge was that Musharraf abrogated the Constitution by slapping emergency on November, 3, 2007 and trampled fundamental human rights. The accused denied the charge and pleaded not guilty.
Justice Tahira Safdar read out the second charge: “You introduced illegal amendments to the Constitution between November 20, 2007 and December 14, 2007 which was an unconstitutional act.” Musharraf denied the charge, standing straight as a ramrod.
The third charge was that he issued the PCO illegally, forced the superior court judges to take oath under it and removed those who did not take oath. The accused refused to accept the charge.
The fourth charge was that the accused removed those judges who did not take oath under the PCO and put them under house arrest. The fifth charge related to the imposition of the November 3, 2007 emergency and holding the Constitution in abeyance.
Musharraf repeated his remarks: “I plead not guilty.” After having been charge-sheeted, Musharraf said he wanted to explain who was a traitor. Justice Faisal Arab asked him who was a traitor in his eyes.
“I honour this court and the prosecution. I strongly believe in the law; I don’t have ego problems. I have appeared in the court 16 times this year in Karachi, Islamabad and Rawalpindi,” said the 70-year-old former president.
“I am being called a traitor. I have been chief of army staff for nine years and I have served this army for 45 years. I have fought two wars. Is that ‘treason’?“I am not a traitor. For me traitors are those who loot public money and empty the treasury,” he added, in a veiled reference to civilian politicians long accused of feathering their own nests while in power.
The former president said in his view a traitor sells the secrets of his country, puts the country’s defence at stake and lays down arms before the enemy.“I took no such step and I defended the country in the three different wars of 1965, 1971 and Kargil. I never took bribes nor did anyone dare to offer bribes to me. Seventeen billion dollars were left in the national exchequer when I left the government but I don’t know how this amount plunged to three or four billion dollars.
“During my stint, foreign loans stood at 37 billion dollars but now they have swollen to above 70 billion dollars. The national kitty was plundered badly.“I put the country on the 70 billion dollars. The national kitty was plundered badly.”
“I put the country on the path of progress after 1999 when the country was being called a failed and a defaulted state. Is this the way to reward someone for being loyal to the country and for loving the country?”
He further said: “I gave all to the country and took nothing. I contained inflation. The national economy was fortified. During my tenure the rate of development remained higher in Balochistan than in other provinces.”
Akram Sheikh said: “I pray for the recovery of Pervez Musharraf’ health. No one has called him a traitor nor has anyone leveled charges of corruption or looting of national exchequer against him. The case of abrogation of the Constitution stands against him. However, it is up to Pervez Musharraf to provide evidence against the persons who have been named by him with reference to November 3, 2007 step. We will bring them on record and include them in investigation if evidences are provided, but as per official documents no evidence has been found against anyone except Pervez Musharraf. There is only one point before the court and that is the abrogation of the Constitution.”
Opposing the petition filed by Musharraf seeking his removal form the ECL, Akram Sheikh said the SC had ruled in its previous decision that they will have to approach the court under whose orders his name had been placed on the ECL. This court is not entitled to delete the name of Musharraf from the ECL; therefore, this petition be struck down.”
Justice Faisal Arab inquired if the federal government had no authority to put Musharraf’s name off the ECL. Akram Sheikh replied that he will have to give an application directly to the government or the Ministry of Interior.
Sheikh said Musharraf’s main defence rested on the claim that he acted on the advice of the then Prime Minister Shaukat Aziz and the cabinet to suspend the Constitution.
“He has taken the defence that he did not take these steps independently. On this I have submitted before the court that it is now for him to prove that he has done this on the advice of the prime minister and the cabinet,” ,” Sheikh added.
After the proceedings were over, Sheikh who has often been part of testy exchanges between the prosecution and defense, walked up to Musharraf, greeted him warmly and the two chatted briefly as dozens of security personnel, lawyers and journalists looked on.
Farogh Nasim said the courts had disposed of the previous matter pertaining to the ECL and now the SC wields power to give orders for the removal of his client’s name from the ECL.
Barrister Farogh Naseem requested the court to let Musharraf go to the US for treatment. He also requested the court to allow the accused to visit his ailing mother abroad.
“His mother is dying, for God´s sake,” said Naseem. “He will come back. He wants to face the trial. He wants his name to be cleared.”
Meanwhile, Musharraf’s legal team has decided to boycott the court proceedings and refused to recognise the court arguing that the court stood dissolved after Justice Faisal Arab’s refusal to further hear the case during the previous hearing.
The legal counsel said Justice Faisal Arab had decided to dissociate himself from the hearing but later in a written order he decided not to disassociate himself from the bench. They said Justice Faisal Arab’s remarks against Anwar Mansoor were unnecessary and against the facts.
Musharraf’s lawyer Ahmad Raza Kasuri told the media that defence lawyers would not appear in court as the case was of political nature.
The court exempted Musharraf from personal appearance, saying that it could not restrict one’s free movement until the accused was arrested. Later, the court adjourned the hearing till April 4.
Barrister Farogh Naseem submitted his power of attorney to represent Musharraf in the case.Tight security: Three different routes were set up by the capital police before Musharraf’s departure from the Armed Forces Institute of Cardiology (AFIC).
A police squad and commandos had reached the AFIC early in the morning. Three thousand police and Rangers personnel were deployed on the routes. The police squad was headed by Superintendent Police Islamabad Mustanser Feroz.
Entry to Red Zone of the federal capital was closed from all directions. However, reports said the judges who were coming to the Special Court reached the court 10-15 minutes late due to restrictions. On receipt of information, senior officials of Islamabad police removed the hurdles.
Meanwhile, about one dozen supporters of the former president who managed to reach near the venue of the hearing raised slogans in support of their leader and against the government. Police and rangers however persuaded them to leave the area.
Paramilitary Rangers and the police took up positions inside the courtroom to ensure foolproof security for the judges and the accused.A three-member bench of the court, led by Justice Faisal Arab, resumed the hearing of the high treason case. The two other judges were Justice Tahira Safdar and Justice Yawar Ali.
The court summoned Musharraf to the rostrum where Justice Tahira Safdar read out the charge-sheet.The first charge was that Musharraf abrogated the Constitution by slapping emergency on November, 3, 2007 and trampled fundamental human rights. The accused denied the charge and pleaded not guilty.
Justice Tahira Safdar read out the second charge: “You introduced illegal amendments to the Constitution between November 20, 2007 and December 14, 2007 which was an unconstitutional act.” Musharraf denied the charge, standing straight as a ramrod.
The third charge was that he issued the PCO illegally, forced the superior court judges to take oath under it and removed those who did not take oath. The accused refused to accept the charge.
The fourth charge was that the accused removed those judges who did not take oath under the PCO and put them under house arrest. The fifth charge related to the imposition of the November 3, 2007 emergency and holding the Constitution in abeyance.
Musharraf repeated his remarks: “I plead not guilty.” After having been charge-sheeted, Musharraf said he wanted to explain who was a traitor. Justice Faisal Arab asked him who was a traitor in his eyes.
“I honour this court and the prosecution. I strongly believe in the law; I don’t have ego problems. I have appeared in the court 16 times this year in Karachi, Islamabad and Rawalpindi,” said the 70-year-old former president.
“I am being called a traitor. I have been chief of army staff for nine years and I have served this army for 45 years. I have fought two wars. Is that ‘treason’?“I am not a traitor. For me traitors are those who loot public money and empty the treasury,” he added, in a veiled reference to civilian politicians long accused of feathering their own nests while in power.
The former president said in his view a traitor sells the secrets of his country, puts the country’s defence at stake and lays down arms before the enemy.“I took no such step and I defended the country in the three different wars of 1965, 1971 and Kargil. I never took bribes nor did anyone dare to offer bribes to me. Seventeen billion dollars were left in the national exchequer when I left the government but I don’t know how this amount plunged to three or four billion dollars.
“During my stint, foreign loans stood at 37 billion dollars but now they have swollen to above 70 billion dollars. The national kitty was plundered badly.“I put the country on the 70 billion dollars. The national kitty was plundered badly.”
“I put the country on the path of progress after 1999 when the country was being called a failed and a defaulted state. Is this the way to reward someone for being loyal to the country and for loving the country?”
He further said: “I gave all to the country and took nothing. I contained inflation. The national economy was fortified. During my tenure the rate of development remained higher in Balochistan than in other provinces.”
Akram Sheikh said: “I pray for the recovery of Pervez Musharraf’ health. No one has called him a traitor nor has anyone leveled charges of corruption or looting of national exchequer against him. The case of abrogation of the Constitution stands against him. However, it is up to Pervez Musharraf to provide evidence against the persons who have been named by him with reference to November 3, 2007 step. We will bring them on record and include them in investigation if evidences are provided, but as per official documents no evidence has been found against anyone except Pervez Musharraf. There is only one point before the court and that is the abrogation of the Constitution.”
Opposing the petition filed by Musharraf seeking his removal form the ECL, Akram Sheikh said the SC had ruled in its previous decision that they will have to approach the court under whose orders his name had been placed on the ECL. This court is not entitled to delete the name of Musharraf from the ECL; therefore, this petition be struck down.”
Justice Faisal Arab inquired if the federal government had no authority to put Musharraf’s name off the ECL. Akram Sheikh replied that he will have to give an application directly to the government or the Ministry of Interior.
Sheikh said Musharraf’s main defence rested on the claim that he acted on the advice of the then Prime Minister Shaukat Aziz and the cabinet to suspend the Constitution.
“He has taken the defence that he did not take these steps independently. On this I have submitted before the court that it is now for him to prove that he has done this on the advice of the prime minister and the cabinet,” ,” Sheikh added.
After the proceedings were over, Sheikh who has often been part of testy exchanges between the prosecution and defense, walked up to Musharraf, greeted him warmly and the two chatted briefly as dozens of security personnel, lawyers and journalists looked on.
Farogh Nasim said the courts had disposed of the previous matter pertaining to the ECL and now the SC wields power to give orders for the removal of his client’s name from the ECL.
Barrister Farogh Naseem requested the court to let Musharraf go to the US for treatment. He also requested the court to allow the accused to visit his ailing mother abroad.
“His mother is dying, for God´s sake,” said Naseem. “He will come back. He wants to face the trial. He wants his name to be cleared.”
Meanwhile, Musharraf’s legal team has decided to boycott the court proceedings and refused to recognise the court arguing that the court stood dissolved after Justice Faisal Arab’s refusal to further hear the case during the previous hearing.
The legal counsel said Justice Faisal Arab had decided to dissociate himself from the hearing but later in a written order he decided not to disassociate himself from the bench. They said Justice Faisal Arab’s remarks against Anwar Mansoor were unnecessary and against the facts.
Musharraf’s lawyer Ahmad Raza Kasuri told the media that defence lawyers would not appear in court as the case was of political nature.
The court exempted Musharraf from personal appearance, saying that it could not restrict one’s free movement until the accused was arrested. Later, the court adjourned the hearing till April 4.
Barrister Farogh Naseem submitted his power of attorney to represent Musharraf in the case.Tight security: Three different routes were set up by the capital police before Musharraf’s departure from the Armed Forces Institute of Cardiology (AFIC).
A police squad and commandos had reached the AFIC early in the morning. Three thousand police and Rangers personnel were deployed on the routes. The police squad was headed by Superintendent Police Islamabad Mustanser Feroz.
Entry to Red Zone of the federal capital was closed from all directions. However, reports said the judges who were coming to the Special Court reached the court 10-15 minutes late due to restrictions. On receipt of information, senior officials of Islamabad police removed the hurdles.
Meanwhile, about one dozen supporters of the former president who managed to reach near the venue of the hearing raised slogans in support of their leader and against the government. Police and rangers however persuaded them to leave the area.
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