Special Court established for the treason trial of former president General Pervez Musharraf (retd) under Article 6 of Constitution, will be headed by Chief Justice of Lahore High Court Yawar Ali. Sources informed this correspondent that Justice Nazar Akbar has been nominated by the Chief Justice of Pakistan as member of the Special Court. Justice Nazar will replace Chief Justice of Peshawar High Court Yahya Afridi who had recused himself from the bench on March 29, 2018.
In the last hearing Musharraf's counsel had pointed out that Justice Afridi was representing former Chief Justice Iftikhar Muhammad Chaudhry in a case against the 3 November, 2007, emergency promulgated by former dictator. Yahya Afridi became head of Special Court when Chief Justice PHC Mazhar Alam Khan Miankhel, was elevated to Supreme Court on December 30, 2016. Before his elevation Justice Miankhel on July 20, 2016, had directed State Bank of Pakistan to freeze General Musharraf's (retd) bank accounts and confiscate his properties.
Justice Faisal Arab was the first head of the Special Court, and Justice Yawar Ali and Justice Tahira Safdar were its members when he was elevated as judge of the Supreme Court on December 14, 2015. Justice Miankhel had replaced him. The federal government on 12th December 2013 filed a private complaint against former president and Chief of Army Staff (COAS) General Pervez Musharraf (retd) for subverting, abrogating, suspending, and holding in abeyance the Constitution; it sought Musharraf's trial, conviction and punishment under Article 6 of the Constitution.
Five acts of high treason against Pervez Musharraf have been mentioned in the complaint. First, on 3rd November 2007, in his capacity as COAS he issued a proclamation in his own name, to hold the Constitution in abeyance. Second, Musharraf in his capacity as Commander-in-Chief of Pakistan Army, by adopting unconstitutional means, abrogated, subverted/ suspended/held in abeyance the Constitution by issuing the Proclamation hence committed the offence of high treason as defined in Article 6 of the Constitution.
Third, Musharraf as self-appointed COAS vide notification 2-9/2007-Min-I on 3rd November 2007 also issued Provisional Constitution Order (PCO) No.1 of 2007. By issuing PCO No.1 of 2007 he violated the letter and spirit of Part II, Part III, Part IV, Part VII, Part XI and Part XII of the Constitution which was abrogated, subverted and suspended.
Musharraf by issuing Oath of Office (Judges) Order 2007 grossly abrogated and subverted the letter and spirit of Part I, Part II and Part VII of the Constitution. The petition further states that by issuing Oath of Office of (Judges) Musharraf committed a third act of high treason.
Fourth, Provisional Constitution (Amendment) Order 2007, issued by the former military dictator also abrogated, subverted and suspended the letter and spirit of various provisions of the Constitution including Part I and Part XI.
Fifth, Pervez Musharraf, who had occupied the office of President since June 2001, by issuing Constitution (Second Amendment) Order, 2007 further amended Article 41, 44, 193, 194, 208 and 270C of the Constitution, which removed the constitutional bars in Article 44 and 63 to his election in the third term in uniform during his pendent case in the Supreme Court. He thereby committed the fifth act of high treason in furtherance of his self-serving objectives.
"The retired general intentionally committed the offences to perpetuate his illegal occupation of highest state office, used for unconstitutional rule and to ward off any possible adverse verdict that could disrupt his continuous usurpation of power and to thwart the sub judice case," the complaint maintains; and this aspect has been conclusively determined and held by the apex court in PLD 2009 SC 879.
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