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.
