In response to the government’s written request, the Supreme Court has sought names of judges from high courts for constitution of a three-member special court to hear treason case against former military ruler Pervez Musharraf under Article 6.
Chief Justice Iftikhar Chaudhry sought names of judges from all five high courts of the country. After receiving one name from each high court, the chief justice would finalise three names for the special court.
Instead of trying the former president for overthrowing democratic government in 1999 and introducing martial laws, the government requested the Supreme Court to form a special court to try Musharraf for imposing emergency in the country in 2007 – a move that appeared to be aimed at deflecting criticism over poor law and order and crippling economy.
Earlier, Ministry of Law & Justice Secretary Zafarullah Khan submitted a one page letter to the Supreme Court registrar for the constitution of a special court under the Criminal Law Amendment (special courts) Act 1976.
The letter said the federal government had decided to invoke the power vested in it under Section 4 of the Criminal Law Amendment (Special Courts) Act 1976 (Act No XVII of 1976 to establish a special court to try General (r)Pervez Musharraf for various offences falling under section 2 of the High Treason (Punishment Act, 1973 (Act LXVILLL of 1973).
It said the law provided that a special court shall comprise of three serving judges of high courts. Since there are five high courts, therefore, it would be appropriate that the apex court may nominate any three judges from the high courts for the said special court, the letter said.
“It is therefore, requested that the instant matter may please be placed before the Chief Justice of Pakistan for the nomination of three judges from the High Courts. It is also requested that out of three judges, one may be nominated to be the President of the Special Court. The Special Court will function at Islamabad.”
On Sunday, Interior Minister Nisar Ali Khan said following the judgment of the Supreme Court and a report submitted by an inquiry committee, it had been decided to initiate proceedings against Musharraf (for treason) under Article 6 of the constitution. He had told a press conference that the decision was being taken in national interest.
The former president is already facing four major cases that include three murder cases – that of former prime minister Benazir Bhutto, Nawab Akbar Bugti and deputy head of Lal Masjid – besides one for detaining senior judges.
Nisar had said the prime minister had categorically declared that constitutional violations made by military ruler would be dealt with according to the law.
Pakistan saw four military rules, but none of the previous three dictators was charged under Article 6. It is for the time in the history of the country that the government has decided to take action against a military ruler.
Article 6: High treason
6. High treason.—1[(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]
(2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.
3[(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
(3) 4[Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
This article clearly states that all those who aided or abetted the act would be guilty of high treason, so the question is whether the proposed special court would take action against all those who helped Musharraf?
Source: PakistanToday
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