- The general pleads not guilty to all charges against him
- SC rejects Musharraf’s petition to travel abroad
After months of delay, the Special Court (SC) Monday formally charged former president general (R) Pervez Musharraf for imposing extra-constitutional emergency in the country in 2007.
The three-judge court headed by Justice Faisal Arab of the Sindh High Court read out the indictment against the ex-army strongman, with Musharraf pleading “not guilty” to each of them. The former president, in a defiant mood, rejected all charges against him in front of the special bench.
Musharraf was accused of treason under Article 6 of the Constitution. The charges read out to Musharraf were the same ones put forward by the government last year for subverting and circumventing the Constitution of Pakistan by imposing emergency on November 3, 2007 when it had moved to form the special bench.
During Monday’s hearing, Pervez Musharraf said: “I do not expect justice from the present rulers”. Also, he said he gave 44 years of his life to Pakistan Army and made defense invincible, adding that he gave repute and progress to Pakistan. “How does this add up to treason?” he questioned.
MUSHARRAF PLEADS NOT GUILTY
The former military dictator Pervez Musharraf denied all charges leveled against him in the SC.
The court summoned Musharraf to rostrum where Justice Tahira Safdar read out the charge sheet. The first charge was that Pervez Musharraf abrogated the Constitution by slapping emergency on November, 3, 2007 and trampled the fundamental human rights. The accused while denying the charge said “I am not guilty”.
Justice Tahira Safdar read out second charge “You introduced illegal amendments in the Constitution from November 20, 2007 to December 14, 2007 which was unconstitutional act”. The general also denied the second charge.
The third charge incorporated in the charge sheet said that Musharraf issued PCO for the judges of superior judiciary illegally and he forced the judges to take oath under the PCO. The judges who did not take oath were removed from office by him. Musharraf also refused to accept this allegation. Justice Tahira Safdar read out the fourth charge which said that the judges who did not take oath under PCO were removed by him and sent to home and they were house arrested. The fifth charge related to imposition of November 3, 2007 emergency and holding in abeyance the Constitution. Musharraf repeated his remarks “I am not guilty” to both of the allegations.
After having been charge-sheeted, Musharraf said before the court that he wanted to explain who traitor really was, upon which Justice Faisal Arab asked who a traitor was in his eyes.
“I honour this court and the prosecution, I strongly believe in law I don´t have ego problems, and I have appeared in court 16 times this year in Karachi, Islamabad and Rawalpindi,” the 70-year-old former president said in the court.
“It disappoints me that I am being called a traitor, I have been the chief of army staff for nine years and I have served this army for 45 years. I have fought two wars, and this is it treason?” said the general in his sentimental statement.
Musharraf declared a state of emergency on November 3, 2007 amid mounting legal challenges to his rule.
Commenting on Musharraf’s emotional words, Prosecutor Akram Sheikh said Musharraf’s actions were not treason, but “only the subversion of the Constitution”.
SC FORBIDS MUSHARRAF TO TRAVEL ABROAD
Barrister Farogh Naseem, who pleaded the case of the former president in the SC, requested the SC to let Musharraf go to US for treatment. He also submitted a request in the SC, seeking permission for Musharraf to visit his ailing mother who is currently hospitalised and is suffering from respiratory complications in Sharjah.
Late on Monday, the SC rejected Musharraf’s plea to remove his name from the exit control list (ECL) and seeking permission to travel abroad.
During the hearing, Musharraf’s lawyer Barrister Farogh Nasim had submitted a petition seeking permission for his client to visit his ailing mother who is said to be in a critical condition in a hospital in the United Arab Emirates (UAE) and seeking personal treatment in the US.
In its verdict, the SC stated that Musharraf’s name had been placed on the ECL by the federal government, and not the court. It also said that Musharraf’s name could be removed from the ECL by the federal government. It further stated the Special Court neither placed Musharraf’s name on ECL, nor was empowered to order for removing it, this lies “under the federal government’s jurisdiction”.
Moreover, the SC exempted Musharraf from appearances, saying that it cannot restrict one’s free movement until the accused is arrested.
Late on Saturday, Musharraf had been moved again to the Armed Forces Institute of Cardiology’s (AFIC) ICU after his condition deteriorated due to stress upon receiving the news of his mother’s illness.
For nearly three months, Musharraf has been in the AIFC where he was taken after developing a cardiac condition on his way to the SC for hearing.
Earlier this month, the SC had issued non-bailable arrest warrant for Musharraf in case he failed to appear before the court on Monday.
For his appearance in the SC, three different routes were set up by the capital city police before Musharraf’s departure from the AFIC. Security measures at the SC were beefed up in compliance with an order issued on March 14, demanding his presence, enforced or voluntary, in the dock.
A police squad and commandos had reached the AFIC early in the morning to escort Musharraf to the court’s premises. Three thousand police and Rangers personnel were deployed on the routes. The police squad was headed by the Islamabad SP Mustanser Feroz and strict security measures were also in place outside AFIC.
It was Pervez Musharraf’s second court appearance in the SC conducting his treason trial.
The court adjourned the hearing till 4th April.
