Special court on Tuesday in its verdict awarded death plenty to the former president and Chief of Army Staff Gen ® Pervaiz Musharaf. Special court under article 6 of the constitution declared Pervaiz Musharaf a traitor who abrogated the constitution of Islamic Republic of Pakistan by declaring an emergency on 3rd November 2007.
Article 6 of the constitution states that anyone who abrogates or subverts or suspends or holds in abeyance or attempts or conspires to abrogates or subverts or suspends or hold in abeyance the constitution of the Islamic Republic of Pakistan will be a traitor. Under article 6 one can be awarded life imprisonment or death plenty.
The special court comprised of Peshawar High Court Chief Justice Waqar Ahmed Seth, Sindh High court justice Nazar Akbar and Lahore High court Justice Shahid karim. Special court verdict was split 2-1.
This decision of the Special court can be challenged in the supreme court of Pakistan. If Supreme Court upholds the decision of the special court then President of Pakistan under article 45 of the constitution of Pakistan can pardon Pervaiz Musharaf.
Army has promptly responded to this decision. In ISPR Press release 206/2019 has stated that this decision has been received with lot of pain and anguish by the ranks of the Army. Press release also highlighted the services of the former chief in the wars and also expressed that the verdict has been made in hustle without giving the right of self-defense.
This verdict has split the nation in two, one believes that Pervaiz Musharaf has served the country for more than 40 years in uniform, he has fought two battles for the country and for his services he cannot be a traitor. The other group believe that the constitution which is the foundation of the Republic is the most important and utmost authority anyone who abrogates it is a traitor, so Pervaiz musharaf with force abrogated it which makes him a traitor despite of his services for the country.
In the developed democratic countries where constitution, institutions and laws are more important than the personalities, abrogation of the constitution is surly a treason but in the country like Pakistan where there is a history of constitutional abrogation this verdict is debate able.
Former president is currently under treatment in Dubai. Due to deterioration in the health Gen ® Pevaiz Musharaf was taken to hospital in start of this month. In his video message he declared this case as rubbish he said that he has served his country for 10 years. He said that because of his health he was unable to come to Pakistan and defend himself
This Special court verdict is of a unique nature because in Pakistan this is for the first time that a military dictator has been declared as a traitor for abrogating the constitution. This verdict might be received with anguish and it’s highly possible that it will not be implemented but it surly will help the democratic structure of Pakistan.
One important aspect which also must not be over looked is that justice should be for all. Justices who are the custodian of the Law and Constitution who took oath under Provisional Constitutional order (2007) must also be declared as unfaithful to the constitution and their act must be condemned.
For Pakistan to prosper democratically the idealism of personalities must be ended. The constitution must be considered most respectful and utmost authority as it’s the manifestation of the will of the people of Pakistan.