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Thread: Treason Case Against Musharraf: News and Discussions

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  1. #21
    Senior Member manuu's Avatar
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Musharraf treason case: AG says early verdict possible



    ISLAMABAD: Attorney General Munir A. Malik has said that given the strong evidence available against former military ruler Pervez Musharraf, a decision in the treason case against him may be reached very soon.

    Speaking to media representatives outside the Supreme Court, Malik did not rule out that Musharraf could be re-arrested in the case during proceedings, adding that the Federal Investigation Agency (FIA) would have the authority to carry out his arrest.

    He said that according to Article 6 of the Constitution of Pakistan, the retired general could face life imprisonment or death.

    Malik added that in the event of Musharraf's arrest, the jurisdiction of the granting him bail would lie with the special court constituted to try the former dictator and that only the president had the power to grant a pardon.

    The special court comprising of Justice Faisal Arab (Sindh High Court), Justice Tahira Safdar (Balochistan High Court) and Justice Yawar Ali (Lahore High Court) would try the former army strongman for high treason over the imposition of emergency rule in Nov 2007.

    http://www.dawn.com/news/1057395/mus...rdict-possible
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  2. #22
    Senior Member Express's Avatar
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Quote Originally Posted by manuu View Post
    Musharraf treason case: AG says early verdict possible


    ISLAMABAD: Attorney General Munir A. Malik has said that given the strong evidence available against former military ruler Pervez Musharraf, a decision in the treason case against him may be reached very soon.

    Speaking to media representatives outside the Supreme Court, Malik did not rule out that Musharraf could be re-arrested in the case during proceedings, adding that the Federal Investigation Agency (FIA) would have the authority to carry out his arrest.

    He said that according to Article 6 of the Constitution of Pakistan, the retired general could face life imprisonment or death.

    Malik added that in the event of Musharraf's arrest, the jurisdiction of the granting him bail would lie with the special court constituted to try the former dictator and that only the president had the power to grant a pardon.

    The special court comprising of Justice Faisal Arab (Sindh High Court), Justice Tahira Safdar (Balochistan High Court) and Justice Yawar Ali (Lahore High Court) would try the former army strongman for high treason over the imposition of emergency rule in Nov 2007.

    http://www.dawn.com/news/1057395/mus...rdict-possible
    Wonder what this evidence is and if we are going to be privy to this?

  3. #23
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Special court set up for treason case against Musharraf



    ISLAMABAD: Prime Minister Nawaz Sharif on Tuesday approved a panel of three judges for the establishment of a special court for the trial of former president General (retd) Pervez Musharraf for high treason under article 6 of the Constitution.

    The criterion for selection of the three judges was strictly based on merit and seniority.The special court will be headed by Justice Faisal Arab from the Sindh High Court (SHC), while Justice Syeda Tahira Safdar of the Balochistan High Court (BHC) and Justice Yawar Ali of the Lahore High Court (LHC) will be its members.

    The notification of the tribunal has been issued by the government.Earlier, the Supreme Court received the names of five judges from the superior judiciary to initiate the treason case against Pervez Musharraf for subverting the Constitution while imposing emergency and the Provisional Constitutional Order (PCO) on Nov 3, 2007.

    In compliance with the directions issued by Chief Justice Iftikhar Muhammad Chaudhry, the chief justices of the five high courts — the Islamabad High Court, Peshawar High Court, Balochistan High Court, Sindh High Court and Lahore High Court — sent names of the judges to the chief justice.

    The names of five judges received by the Supreme Court included those of Justice Noorul Haq Qureshi from the IHC, Justice Syeda Tahira Safdar from the BHC, Justice Muhammad Yawar Ali from the LHC, Justice Yahya Afridi from the PHC and Justice Faisal Arab from the SHC.

    After the Supreme Court received the names of these five judges, their names were sent to the Law Ministry and now the government has nominated three judges for the special court to be constituted in the federal capital to initiate the treason case against Musharraf.

    It is pertinent to mention here that the government on Monday requested the Supreme Court to nominate three judges of the superior judiciary for the special court that could initiate proceedings of the trial for high treason against Musharraf.

    The Ministry of Law and Justice had dispatched a letter to the registrar of the Supreme Court in this regard. It had submitted that the federal government has decided to invoke the power vested in it under section 4 of the Criminal Law Amendment (Special Courts) Act, 1976 (Act No XVII of 1996) to establish a special court to try General Musharraf for various offences falling under section 2 of the High Treason (Punishment) Act, 1973 (Act LXVIII of 1973).

    The chief justice after receiving the letter had directed that a copy of the letter be circulated amongst the learned chief justices of all high courts so that they may nominate one judge each of their respective court, out of which three names shall be forwarded to the government for the special court.

    http://www.thenews.com.pk/Todays-New...inst-Musharraf

  4. #24
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Strong evidences available against Musharraf in treason case: AG

    ISLAMABAD: Attorney General Munir A Malik has said that there was strong evidence against former military ruler Pervez Musharraf in the treason case.

    Speaking with reporters, Malik said that the Federal Investigation Agency (FIA) could arrest the accused with the registration of a complaint in the Special Court.

    The AG said that the accused could get capital punishment or life term. According to Malik, the case against Musharraf could be decided swiftly.

    He said that the Special Court would hear any bail application filed by the accused. The AG said that President of Pakistan had the power to pardon the accused.

    On Tuesday, Prime Minister Nawaz Sharif approved a panel of three judges for the trial of Musharraf for high treason under article 6 of the Constitution.

    The special court will be headed by Justice Faisal Arab from the Sindh High Court (SHC), while Justice Syeda Tahira Safdar of the Balochistan High Court (BHC) and Justice Yawar Ali of the Lahore High Court (LHC) will be its members.


    http://www.thenews.com.pk/article-12...eason-case:-AG

  5. #25
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    Re: Govt announces to try Musharraf under Article 6 for treason

    [MENTION=2]Aryan_B[/MENTION] [MENTION=5]Superkaif[/MENTION] I recommend we should Rename this thread "Treason Case Against Musharraf: News and Discussions" Daily news are coming on this issue and we cant create multiple threads, better to have one sticky thread for all discussions and news.
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  6. #26
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Six gazette notifications will be proof enough to nail Musharraf

    ISLAMABAD: The prosecution in the high treason case against Musharraf will squarely depend on strong documentary evidence, including gazette notifications of six extra constitutional orders of the dictator issued on and after November 3, 2007, it has been learnt.

    The government sources said that the prosecution in this case would not rely on official or private witnesses but also on strong documentary evidence.These sources said that six documents, each conveying the extra-constitutional order of the then army chief General/President Pervez Musharraf, would be produced before the special court as concrete evidence to get the dictator punished under Article 6 of the Constitution.

    These documents include: Proclamation of Emergency Order of 2007 issued by General Musharraf as the chief of the army staff on Nov 3, 2007; the Provisional Constitution Order No 1 of 2007 issued by Musharraf on the same date (Nov 3) in the same capacity (army chief); the Oath of Office (Judges) Order of 2007 issued by Musharraf also on Nov 3 though as the President of Pakistan, in exercise of powers under the aforesaid Proclamation of Emergency and the Provisional Constitution Order No 1 of 2007; the Provisional Constitution (Amendment) Order, 2007 issued by Musharraf on Nov 15, 2007; the Constitution (Amendment) Order, 2007 Being President’s Order No 5 of 2007 issued on Nov 20, 2007; the Constitution (Second Amendment) Order, 2007 being the President’s Order No 6 of 2007 issued on 14th December, 2007.

    Each of these documents will constitute one charge of high treason as all these orders involve the abrogation of the 1973 Constitution and involve no one else but General Musharraf alone. Musharraf, in all these cases, had been the signing authority. In addition to this and to the horror of Musharraf, all these orders were notified through the Gazette of Pakistan and thus could not be denied by the accused.


    In his Proclamation of Emergency Order of 2007, Musharraf had named different officers, both civilian and military, as his consultees for the Nov 3rd abrogation of the Constitution. He had done so apparently to save his skin. He though involved all and sundry in this serious crime, the prosecution has yet not found even a single witness or a document proving Musharraf right.

    The onus would now be on Musharraf and not on the prosecution to prove that all those named in the Proclamation of Emergency Order had recommended Musharraf to abrogate the Constitution. Consultation is a different thing and not a crime but any admission of this fact by any of those named in the order would mean his/her admission of guilt and subsequent trial for high treason charges as an accomplice of Musharraf.

    http://www.thenews.com.pk/Todays-New...nail-Musharraf

  7. #27
    Senior Moderator Superkaif's Avatar
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    Re: Govt announces to try Musharraf under Article 6 for treason

    Quote Originally Posted by ReoSpeedWagon View Post
    [MENTION=2]Aryan_B[/MENTION] [MENTION=5]Superkaif[/MENTION] I recommend we should Rename this thread "Treason Case Against Musharraf: News and Discussions" Daily news are coming on this issue and we cant create multiple threads, better to have one sticky thread for all discussions and news.
    Done......

  8. #28
    Senior Member sami's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Experts say government cannot single out Musharraf


    The dictator who couldn't face justice
    LAHORE - Legal experts say that even the imposition of emergency in November 2007 is a collective responsibility for which it will be difficult for the government to single out former president Pervez Musharraf alone.
    Legal and political circles said that testimony of collective responsibility was evident from Musharraf’s speech in which he made it clear that before going for extreme constitutional measures he consulted a cross section of society and after that he imposed emergency. He told the nation in his televised speech that he had also consulted overseas Pakistanis.
    These quarters say that contents of his speech indicated that he consulted all stakeholders, including military and political leadership.
    It is interesting that some TV channels are showing the footage in which Musharraf admitted that he imposed emergency after a broad consultation.
    It is believed that as such it will be difficult for the government to proceed against Musharraf, exclusively while steering clear of his abettors.
    Talking to Pakistan Today, Pakistan People’s Party Secretary General Sardar Latif Khosa said that accountability should be across the board, adding that the trial of Musharraf alone would be selective if others mentioned in the Emergency Proclamation, November 3, 2007, were spared.
    The High Treason Act 1973 clearly ropes in “the collaborators, abettors and facilitators alike”. It was the legal obligation after the restoration of the constitution in its original form as a result of the 18th Amendment, he added.
    He pointed out that the legitimacy conferred by the judiciary to the general and others dictators also lost its validity after the adoption of the 18th Amendment as the High Treason Act 1973 was applicable to abrogating or suspending of the constitution since March 1956, he added.
    He said the trial should commence from October 12, 1999 when Pervez Musharraf toppled the Nawaz-led government.
    He pointed out the mala fides of the government because the commencement of the trial from October 1999 would not implicate the then ruling elite, governors, heads of the armed forces as mentioned in the Emergency Proclamation and pursuance of the high treason case with effect from November 2007 tantamount to saving all those involved.
    After the 18th Amendment, Khosa said, the judges who approved the abrogation of the constitution would also come under the preview of the high treason act because the ACT did not preclude those judges from the offence if they were responsible for conferring legitimacy to the abrogation or suspension of the constitution.
    He maintained that the cases of Maulvi Tameezuddin, Nusrat Bhutto, Zafar Ali Shah and Iqbal Tikka stand revisited and reversed in case of the Sindh High Court Bar Association versus the Federation of Pakistan in July 2009 that restored the judiciary of November 2007. Credit goes to the PPP for not defending the case, he asserted.
    He expressed reservations over the timing of the case against which according to him was meant to divert the people’s attention from the government’s failure in the Rawalpindi carnage.
    It is also believed that the government did not have sufficient evidence to proceed against Musharraf. “We do not have access to the GHQ. We do not have statements from people concerned. There is also a question mark as to who will give witnesses in the case” Raja Basharat, former Punjab law minister said.
    “It seemed the case is weak and government is not serious to pin down Musharraf. In our opinion it is part of traditional tactics to divert attention from the government bungling in Rawalpindi for which Interior Minister Chaudhry Nisar feels very proud,” he added.

    http://www.pakistantoday.com.pk/2013....3R5jhG8G.dpuf

  9. #29
    Senior Member Wattan's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Musharraf treason case: Aitzaz calls for open trial
    DAWN.COM

    PPP leader Aitzaz Ahsan — File Photo
    Published
    2013-11-21

    ISLAMABAD: Former president of the Supreme Court Bar Association and Pakistan Peoples Party (PPP) leader Aitzaz Ahsan Thursday demanded an open trial in the treason case against former military ruler General (retd) Pervez Musharraf, DawnNews reported.

    Speaking to media representatives in the country’s federal capital, Ahsan said that the prosecution has evidence and witnesses against Musharraf in the treason case.

    The PPP leader said the formation of a special court was a transparent step that the government had taken, adding that testimonies of judges were not needed over the charge of suspending the constitution.

    Judges would have to give their testimonies if the charge of placing them under house arrest is also brought forth by the government, he said.

    Responding to a question, Ahsan said Musharraf’s treason trial was Pakistan’s internal issue and that Saudi Arabia and America could not interfere in the matter.

    The senator said the trial would not begin too soon, adding that Chief Justice Iftikhar Muhammad Chaudhry may have retired from his position by the time the proceedings begin.

    Ahsan said Musharraf may challenge the constitution of the bench on technical grounds and added that the proceedings against the former army strongman should be open.

    The PPP leader also said the army had no business in issuing a reaction to the treason trial of Musharraf.

    Aitzaz Ahsan is one of the former leaders of the lawyers’ movement. He also pleaded the petition that ultimately led to the reinstatement of Chief Justice Iftikhar to his office. He also stood by the country’s top judge following Musharraf’s proclamation of a state of emergency in the country on Nov 3, 2007.

    http://www.dawn.com/news/1057623/mus...for-open-trial

  10. #30
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Quote Originally Posted by Wattan View Post
    Musharraf treason case: Aitzaz calls for open trial
    DAWN.COM

    PPP leader Aitzaz Ahsan — File Photo
    Published
    2013-11-21

    ISLAMABAD: Former president of the Supreme Court Bar Association and Pakistan Peoples Party (PPP) leader Aitzaz Ahsan Thursday demanded an open trial in the treason case against former military ruler General (retd) Pervez Musharraf, DawnNews reported.

    Speaking to media representatives in the country’s federal capital, Ahsan said that the prosecution has evidence and witnesses against Musharraf in the treason case.

    The PPP leader said the formation of a special court was a transparent step that the government had taken, adding that testimonies of judges were not needed over the charge of suspending the constitution.

    Judges would have to give their testimonies if the charge of placing them under house arrest is also brought forth by the government, he said.

    Responding to a question, Ahsan said Musharraf’s treason trial was Pakistan’s internal issue and that Saudi Arabia and America could not interfere in the matter.

    The senator said the trial would not begin too soon, adding that Chief Justice Iftikhar Muhammad Chaudhry may have retired from his position by the time the proceedings begin.

    Ahsan said Musharraf may challenge the constitution of the bench on technical grounds and added that the proceedings against the former army strongman should be open.

    The PPP leader also said the army had no business in issuing a reaction to the treason trial of Musharraf.

    Aitzaz Ahsan is one of the former leaders of the lawyers’ movement. He also pleaded the petition that ultimately led to the reinstatement of Chief Justice Iftikhar to his office. He also stood by the country’s top judge following Musharraf’s proclamation of a state of emergency in the country on Nov 3, 2007.

    http://www.dawn.com/news/1057623/mus...for-open-trial
    If indeed it is transparent, why a special court? Why the exclusion of testimonies? If indeed it si the internal affair of Pakistan, how is it that the Pakistan Army ought have no reaction to it, is it not Pakistani? or is it external to Pakistan?

    Mr. Ahsan seeks to position himself vis a vis Mr. Zardari in party politics, with this precedent, perhas there may be quite a few "special courts" to come, this bit of blackmail, I don't think will impress Mr. Zardari

  11. #31
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    Musharraf’s lawyers open legal challenge today



    ISLAMABAD:
    A panel of lawyers will open the legal challenge on Friday against the three-judge special court formed by the government to try the former military ruler Gen (retd) Pervez Musharraf.

    Musharraf’s lawyers, led by renowned legal wizard Sharifuddin Pirzada, will appear before the Supreme Court and challenge the composition of the special court on the ground that all the three members – Justice Faisal Arab, Justice Syed Tahira Safdar and Justice Yawar Ali – of the special bench have a track record of personal grudges against the former military chief since the start of lawyers movement.

    The panel will argue that one cannot expect a fair trial from those judges.



    The government selected the three judges from the list forwarded by Chief Justice Iftikhar Muhammad Chaudhry. This list included names of five judges from all the five high courts of the country.

    “Yes, we have engaged a group of senior lawyers to challenge the composition of the special court formed for the trial of the former president on the basis of some historical facts that the members of the bench will never do justice with him,” confirmed Asia Ishaq, information secretary of All Pakistan Muslim League(APML).

    She said Justice Yawar of Lahore High Court was a nephew of the former judge of Supreme Court Khalilur Rehman Ramday.

    “Everyone knows that Ramday was anti-Musharraf and there is no chance that his close relative will deliver any justice,” she said.

    Asia pointed out that Justice Tahira Safdar and her father were also very active against Musharraf during lawyers movement and her father had died during a protest rally against the ex-president in Sindh.

    Similarly, she said, “Justice Faisal Arab has also a track record of harbouring anti-Musharraf sentiments since 2007” and he had not taken oath under him.

    The APML leader said they had similar views about Islamabad High Court’s Justice Shaukat Aziz Siddiqi, who included an Anti-Terrorism Act in the Judges’ detention case without any legal ground.

    “Later when it was pointed out that Justice Siddiqi as lawyer had defended Maulana Abdul Aziz of Lal Mosque and has anti-Musharraf sentiments, he was ultimately disassociated from the bench, “ she said, adding that the APML demanded a fair trial by neutral judges.

    Commenting on the move, Barrister Aitzaz Ahsan said Musharraf had the right to challenge the composition of the bench. He said that the word “I”, which Musharraf used in his speech after the imposition of emergency, could be problematic for him when a charge sheet is framed against him.
    http://tribune.com.pk/story/635291/t...allenge-today/

  12. #32
    Senior Member manuu's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    I thought Musharraf case was closing down. Wondering if this case has been instigated to bury the news about the Pindi situation?
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  13. #33
    Senior Member sami's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Pakistan government names lawyer for Pervez Musharraf's trial
    Friday, Nov 22, 2013, Place: ISLAMABAD | Agency: PTI
    .
    Pervez Musharraf.
    The Pakistan government today nominated Akram Sheikh as its lawyer for the trial of former military ruler Pervez Musharraf on charges of high treason.

    Sheikh, a leading lawyer who is close to the ruling PML-N party, has in the past served as counsel for Prime Minister Nawaz Sharif and Mansoor Ijaz, the Pakistani-American businessman who was a key figure in the "Memogate" scandal.

    Ijaz accused former envoy Husain Haqqani of authoring a memo that purportedly sought US help to stave off a coup in Pakistan after the killing of Osama bin Laden in 2011. Sharif had petitioned the Supreme Court to investigate the issue.

    On Tuesday, Sharif chose three judges from a panel of five recommended by the Supreme Court for the special court that will try the 70-year-old Musharraf for imposing emergency and subverting the Constitution in 2007.

    This is the first time in Pakistan's history that a civilian administration has sought the criminal prosecution of a military ruler. Musharraf's lawyers said he would challenge the special court in the Supreme Court.

    Justice Faisal Arab of Sindh High Court will head the special court and its other members are Justice Tahira Safdar of Balochistan High Court and Justice Yawar Ali of Lahore High Court.

    Musharraf has been embroiled in a series of cases after he returned to Pakistan from self-exile in March to contest the general election that brought the PML-N to power.

    He was recently released from house arrest after he obtained bail in four major cases, including one related to the 2007 assassination of former premier Benazir Bhutto.

    http://www.dnaindia.com/world/report...-trial-1923399

  14. #34
    Senior Member Wajid47's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Musharraf’s trial: Court challenge plan in limbo

    ISLAMABAD:
    All Pakistan Muslim League (APML) has put off its plan to challenge the composition of the three-judge special court constituted by the government for trying its leader Pervez Musharraf for treason under Article 6 of the Constitution.
    The party through its legal panel had decided to challenge the composition of the special bench on Friday.
    The move was delayed to collect information about the three members of the special trial court with regards to their sentiments about Musharraf and their activeness in the anti-Musharraf lawyers’ movement.
    “We have decided to challenge the composition of the bench and it would be done once the evidence regarding these judges with regards to the former president is collected, as most of them have anti-Musharraf sentiments and played an active role in the movement against the former president,” said Ahmed Raza Qasuri, one of Musharraf’s lawyers.
    He said that the past developments with regards to Musharraf trial show that there is bias against their leader as the government referred the case to the Supreme Court without any Constitutional ground.
    For a fair trial, one of the basic requirements under article 10-A of the Constitution is that the judges should be neutral, unbiased and independent, said Qasuri. “It is our constitutional right to challenge the composition of the bench if we feel that we could not receive justice from a certain judge or composition of judges.”
    The composition of the court can be challenged at any stage of the trial and that was why APML has delayed it and was collecting background information about the members of the bench, he added.
    Earlier, the APML information secretary Asia Ishaq had stated that the former president’s lawyers will challenge the special court before initiating the trial as all the three judges have records to be involved in the anti-Musharraf lawyers’ movement and they would be influence the neutral trial.
    On the request of the government, Chief Justice Iftikhar Mohammad Chaudhry forwarded five names one from each High Courts to the government and selected three of them. These three judges include Faisal Arab of Sindh High Court, Syed Tahira Safdar of Balochistan High Court and Yawar Ali of Lahore High Court.
    Published in The Express Tribune, November 24th, 2013.

  15. #35
    Senior Member manuu's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Gathering storm: Ex-premier’s missive could turn around treason case

    ISLAMABAD:

    Former prime minister Shaukat Aziz played a key role in the imposition of emergency in November 2007, according to the official record of the high treason case.

    A senior government official told the Express Investigation Cell (EIC) that Aziz in writing advised General (retd) Pervez Musharraf to put in place extraordinary measures to protect the country from the crisis triggered by judicial activism a month earlier in October 2007.

    Requesting anonymity, the official said that Aziz raised serious questions about the conduct and credibility of judges on the superior judiciary in his three-page letter. He also said that Aziz gave the impression that the judiciary had turned into a “fuss creator” and could lead to a constitutional and administrative crisis if left unaddressed.

    According to the official, the language of the declaration of emergency made by Musharraf on November 3, 2007, was taken from Aziz’s letter. He elaborated that though the president’s office did not modify the body of the letter, it did change the title from “The dear president” to “the chief of army staff”, as Musharraf made the declaration of the emergency as COAS.

    Aziz’s letter to the then president may “turn the case’ on its head during the trial, the official added. The said letter has been attached to the FIA fact finding report submitted to the interior ministry last week, and could be of great relevance once the trial court begins hearings into the treason case against Musharraf.

    Despite his involvement, FIA investigators have not contacted the former prime minister to determine what compelled him to submit a letter which persuaded Musharraf to take extraconstitutional steps to prolong his rule. For example, it seriously questioned the role of Supreme Court judges and blamed them in part for the state of the country’s affairs.
    Similarly, in his letter Aziz also questioned the role of law enforcing agencies and held them responsible for failing to tame what he believes was a hostile judiciary.

    He also mentioned terror attacks on the military troops and sensitive installations, terming them a failure of state organs.
    In a statement submitted by his counsel to the SC, Musharraf claimed that he consulted with the political and military leadership before imposing emergency.
    His counsel had also hinted at Aziz’s letter addressed to their client to support their legal position that Musharraf did not take the decision in isolation.

    However, the counsel’s claim is not gaining much support as key witnesses are refuting his claim that Musharraf had consulted them before imposing the emergency.
    The statements of Musharraf’s close aides, of Malik Qayyum and General (retd) Khalid Maqbool are that the attorney general and Punjab governor from 2007 will be of great significance in the trial. Both of them, however, deny having prior knowledge of Musharraf’s decision.

    The FIA will produce these and other statements of key witnesses before the trial court during the course of the hearing.
    The FIA will also present Aziz’s letter, which legal and constitutional experts believe carries immense significance.
    Former law minister Dr Babar Awan said that if any prime minister writes a letter or communicates with the president, it is to be read as advice of the PM to the president.

    “If advice given by a prime minister through a letter is ultra constitutional, then in case of a prosecution under Article 6 for the offence of high treason, the chief executive shall be its prime accused,” he added.

    Published in The Express Tribune, November 26th, 2013.

  16. #36
    Senior Member Amjad Hussain's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Fair trial, not media trial
    CHAUDHRY FAISAL HUSSAIN

    Published
    2013-12-02
    THE trial of retired Gen Pervez Musharraf will be the first of its kind in Pakistan. No military dictator in Pakistan has been tried in the courts for the abrogation and subversion of the Constitution.

    However, this is a trial that should not be used to settle personal scores or to gain ratings or popularity amongst the masses. The use of passionate and emotional rhetoric, with some dark political terms thrown in, may add flavour to articles and political statements, but it does little to encourage the concept of a trial built on strong, irrefutable legal substance. The latter, in fact, is a basic requirement.

    In fact, this case is not as simple as has been portrayed by some eager and excited minds.

    It is time to assess the sensitivities and complexities attached to the trial and to analyse the legal issues involved without letting personal likes and dislikes dominate the discourse. First and foremost, this trial must not reflect justice of the triumphal variety; it must be seen as even-handed justice. The trial proceedings of the former general must be transparent and strictly within the parameters of the law.

    The government’s non-serious attitude on this issue is seen in the timing of its announcement that the former military strongman would be tried. The announcement came at a time when the garrison city of Rawalpindi was on fire due to sectarian violence.

    At the very least, the timing of the action was inappropriate; the decision came across as a deliberate attempt to divert attention and criticism from the law and order situation, militancy and the poor performance of the economy.

    To comprehend the complexities attached to Musharraf’s trial, we need to understand that the present Constitution has undergone many changes courtesy the 18th Amendment. The phrase “suspension and holding the Constitution in abeyance” were not part of Article 6; they were added later, through the said amendment.

    As a fundamental principle of the law and Constitution, no person can be punished for the crime that was not a crime under the law on the day of its occurrence.

    In these circumstances, the most important question is determination of whether or not holding the Constitution in abeyance or suspending the Constitution on Nov 3, 2007, amounts to abrogation or subversion of the Constitution under Article 6. In my opinion, the answer is in the negative.

    The other demand that the trial should include the Oct 12, 1999 military coup is sound with logical legal reasoning backing it. At the time the coup was staged, the military hierarchy had no legal and constitutional authority to overthrow an elected government.

    But it is also a fact that if the trial dated to the original coup, a lot more people would in principle have to be behind bars and facing charges of high treason. That is not the case when we talk of the Nov 3 imposition of emergency. It was in accordance with constitutional powers that cannot be termed as devoid of legal authority. It could be termed as misuse or abuse of constitutional power but not the document’s subversion by Musharraf.

    Let’s see this in the light of other situations. If the court decides that a piece of legislation is to be struck down for violating fundamental rights as enshrined in the Constitution, the entire parliament cannot be prosecuted for enacting the legislation in the first place.

    Likewise, the assemblies cannot be charged with high treason if a local body election is not held in accordance with the mandatory constitutional provisions and is delayed for a long time.

    Similar misuse was exercised by the full bench of the Supreme Court of Pakistan in the Zafar Ali Shah case.

    Constitutional interpretation in Pakistan suggests the supremacy of the Constitution of Pakistan. All three organs of the state including the legislature, executive and judiciary derive their authority from the Constitution that imposes certain limits that cannot be crossed.

    In spite of clear and well-defined lines, the Supreme Court, without the requisite constitutional mandate, validated the martial law and also extended unprecedented power to Gen Pervez Musharraf to amend the Constitution, by misusing the judicial authority vested in it.

    It would be unjust to try one person for “subversion and abrogation of the Constitution” and letting others be.

    The process of a complaint case is somewhat different to that of normal criminal cases. The court will have to ascertain the legality of the complaint, filed by the federal government, before summoning the parties for the trial.

    The trial may not be controversial in technical terms, but involves many legal questions that need comprehensive interpretation — there should be no attempt to jump to conclusions.

    Also, it is better to leave these vital questions to the courts instead of holding a media trial to deprive Pervez Musharraf of his fundamental right of a fair trial under the Constitution.

    The lesson from history is to refrain from (judicial) adventures. The country cannot afford to have another mistrial as it has not been able to overcome the divide between the political and military establishments caused by the case of the late prime minister Zulfikar Ali Bhutto.

    The writer is a lawyer.

    Twitter: @faisal_fareed

    http://www.dawn.com/news/1059924/fai...ot-media-trial

  17. #37
    Senior Member KingKong's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Monday, 2 Dec 2013 10:49 pm Dr Farid A Malik


    The trial of Musharraf and his cabinet



    On November 23, 2013, Imran Khan while addressing the historic ‘dharna’ mentioned the approach of prolonging the war in Afghanistan by a member of Musharraf’s cabinet. The purpose being the inflow of US dollars. Khan sahib is the leader of change in Pakistan and his words carry weight. Success or failure of a government depends on the performance of its cabinet members. As the country is moving in the direction of change, Musharraf’s cabinet members must be thoroughly scrutinised to break the shackles of status-quo. Following is the list of the dictator’s team.

    Zubaida Jalal Khan, Nilofer Bakhtiar, Sheikh Rashid Ahmad, Hina Rabbani Khar, Aamir Liaqat, Raza Haraj, Omar Ayub Khan, Abdul Hafeez Sheikh, Rao Sikander, Ishaq Khan Khakwani, Humayun Akhtar Khan, Khurshid Mahmud Kasuri, Aftaab Ahmad Sherpao, Jehangir Khan Tareen, Awais Leghari, Ijaz-ul-Haq, Javed Ashraf Kazi, Nauraiz Shakoor, Sikander Bosan, Liaqaut Jatoi, Zahid Hamid, Ameer Muqqam.

    The last meeting of this cabinet was held in November 2007 presided by the then PM Shaukat Aziz followed by a photo session. The entire team was sure of coming back into power; but it was the assassination of Benazir Bhutto that turned the table. The country had to suffer another cabinet with record loot and plunder. Another list and another disaster. The indictment of Pervez Musharraf under Article 6 is in fact a trial of his entire cabinet. Once the Pandora’s box opens, everyone will run for cover.

    When an army faces defeat its generals are stripped off their uniforms, never to fight again and face humiliation. The December 1971 surrender of General Niazi at the Paltan Madan in Decca was the end of his career and a new term was introduced in annals of military called ‘shaheed, ya ghazi, ya Niazi’. Unfortunately, this approach is not applied to failed governments and its cabinet members. The ‘Achkans’ and ‘Lota Waist Coats’ are dry cleaned and pressed for another oath, leading to another failed administration and the show goes on for the preservation of status-quo.

    As laid down in the 1973 constitution, ‘the Cabinet shall aid and advise the Prime Minister in the exercise of his functions’. In the oath it says: “That I will not allow my personal interests to influence my official conduct or my official decision or advice so tendered. That, in all circumstances, I will do right to all manner of people, according to Law, without fear or favour, affection or ill-will.” How many cabinet members to date have followed their oath of office? All elected representatives and ministers were asked to file their assets before 1985. The year is important as the first non-party based elections opened the flood gates of corruption, nepotism, institution bashing, conflict of interest and open recruitment in vital public service departments like education, irrigation, police, health etc.

    Keeping the USA model in mind, the founding fathers of the 1973 constitution desired fresh recruitment of technocrats in higher grades of bureaucracy (Grade 21, 22) through lateral entry. In the ZAB regime several renowned technocrats were appointed federal secretaries by the prime minister (Masood Hasan, Dr Muhammad Ajmal, Nasim Ahmed to name a few). Till date, the constitution allows the PM to promote and appoint officers in these grades. In the USA, every incoming administration brings a new team not only in the cabinet but on all senior positions. Except for the furniture everything else changes. Unfortunately, in Pakistan, the babus and their bosses (cabinet members) remain unchanged. Revolving doors, musical chairs, ‘lotacracy’, whatever the term, it is the same faces in all cabinets and parties. Zia’s slogan was Islam, Nawaz stood for economic revival, Benazir desired ‘musawat’ (equality), Musharraf stood for enlightenment and Imran is committed to ‘insaf’ (justice) and change. The slogans keep changing, but the team to implement that remains intact with the same ‘babus and their bosses’. So much for the change.

    My late father was a worker of the Pakistan Movement. He joined Muslim League in 1935 and kept his allegiance to the party till his death. The only praise I ever heard from him about the Red Shirts (Ghaffar Khan and Wali Khan) was that they were honest to their cause. He would often say ‘betrayal calls for death’. Honesty, integrity and self-esteem were the hallmark of the founding fathers. There is a ‘Punjabi term ‘ulaama’ (finger pointing or blame) that had to be avoided at all costs.

    Pakistan today is being ruled by the PML-N which openly admits that they cannot deliver on their manifesto as the ground realities are much grimmer than their assumptions. It is indeed a betrayal of their cause. Though politically I am opposed to Mian sahib, I still pray for his long life. The arena is lethal, there is no room for child’s play. Today Muslim League is nothing but an ‘ulaama’.

    The country is ready for change; comrades cannot wait any longer. Imran Khan and his PTI is in the forefront and the nation is solidly behind them. There can be no betrayal, he is known to hold his ground. Unfortunately, the failed cabinets of 1985 to 2013 cannot deliver change. Like defeated generals their wars are over. Pakistan needs ‘ghazis’ not ‘Tiger Niazis’. This indeed is a historic moment that calls for caution and planning but no betrayals.

    A new Pakistan is on the horizon. The year 2014 will usher in an era of change. Those who will betray will be wiped out. Victory is in sight, finally a generation of Pakistan is in a position to hand over ‘Quaid’s country’ to the next generation. It is our duty and solemn pledge. We are not like the cabinet members who betray their oath of office and change uniforms to serve their benefactors. Both in and out of uniform, our allegiance is to the motherland.

    http://www.pakistantoday.com.pk/2013....S6ywiFVL.dpuf

  18. #38
    Senior Member Fassi's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Musharraf has no case to answer. This drama will just be a drama. Typical Pakistan

  19. #39
    Senior Member Amjad Hussain's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Musharraf treason trial: Raza Rabbani, Zahid Khan receive threatening letters

    ISLAMABAD: Senator Raza Rabbani and Senator Zahid Khan have received threatening letters, suggestive of serious consequences for demanding a treason trial against former army chief General (retd) Pervez Musharraf, Express News reported on Thursday.

    Pakistan Peoples Party (PPP) leader Aitzaz Ahsan made this revelation today and speculated that the letters were written by a Musharraf supporter.

    He said copies of these letters will be provided to relevant authorities and that he will ask for thorough investigation into the matter.

    In April this year, Rabbani and Khan – along with other senators – had called for Musharraf to be tried under Article 6 of the Constitution for abrogating the Constitution and derailing democracy.

    The current Pakistan Muslim League-Nawaz (PML-N) government had recently requested the Supreme Court to constitute a “special court” to try Musharraf for high treason for imposing emergency rule in the country in November 2007.

    Article 6 of the 1973 Constitution

    (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 [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

    (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) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

    http://tribune.com.pk/story/641485/m...ening-letters/

  20. #40
    Senior Member Hope's Avatar
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    Re: "Treason Case Against Musharraf: News and Discussions"

    Quote Originally Posted by Amjad Hussain View Post
    Musharraf treason trial: Raza Rabbani, Zahid Khan receive threatening letters

    ISLAMABAD: Senator Raza Rabbani and Senator Zahid Khan have received threatening letters, suggestive of serious consequences for demanding a treason trial against former army chief General (retd) Pervez Musharraf, Express News reported on Thursday.

    Pakistan Peoples Party (PPP) leader Aitzaz Ahsan made this revelation today and speculated that the letters were written by a Musharraf supporter.

    He said copies of these letters will be provided to relevant authorities and that he will ask for thorough investigation into the matter.

    In April this year, Rabbani and Khan – along with other senators – had called for Musharraf to be tried under Article 6 of the Constitution for abrogating the Constitution and derailing democracy.

    The current Pakistan Muslim League-Nawaz (PML-N) government had recently requested the Supreme Court to constitute a “special court” to try Musharraf for high treason for imposing emergency rule in the country in November 2007.

    Article 6 of the 1973 Constitution

    (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 [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

    (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) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

    http://tribune.com.pk/story/641485/m...ening-letters/
    No sh1t!! These guys are really sharp. Who else could it be but Musharraf supporters ....... unless they are making it which is a possibility with the PPP

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