Pervez Musharraf’s special court upheld the death sentence

The Supreme Court dismissed the appeal against the sentence of former President General Retired Pervez Musharraf and upheld the decision of the special court, upholding the death penalty. The cases related to former President Pervez Musharraf were heard by a 4-member bench headed by Chief Justice Qazi Faiz Isa. Justice Mansoor Ali Shah, Justice Aminuddin Khan and Justice…

The petitioner’s lawyer Hamid Khan said in his arguments that Pervez Musharraf has filed an appeal against the sentence which is a criminal appeal, our petition is against the annulment of the sentence by the Lahore High Court which is a constitutional matter, both the appeals should be heard separately.

The Chief Justice of Pakistan said that in the present case, the jurisdiction of the Lahore High Court and the appeal are two separate matters.

During the hearing, the federal government opposed the appeal against Pervez Musharraf’s sentence, on which the Chief Justice asked Additional Attorney General Aamir Rehman, are you opposing or supporting Pervez Musharraf’s appeal? The Attorney General said Pervez is opposing Musharraf’s appeal.

It should be remembered that on December 17, 2019, the special court had sentenced Pervez Musharraf to death by declaring him guilty under Article 6 in the case of subversion of the constitution.

When Pervez Musharraf’s lawyer Salman Safdar started giving arguments on the appeal against the special court’s sentence, the Chief Justice remarked that in the absence of the heirs of Pervez Musharraf, they cannot hear their lawyers, decisions should not be made based on assumptions. Not wanting to close any door for the right of the heirs, how can the court resort to 561A?

Lawyer Salman Safdar said that he appreciates the initiative of this court, but Pervez Musharraf’s heirs are not residing in Pakistan, Pervez Musharraf died on February 5, 2023, sent several messages to Pervez Musharraf’s family for appeal hearing but no response. Not received.

Chief Justice asked lawyer Salman Safdar what are your reservations about Lahore High Court? On which Salman Safdar said that Musharraf does not appear before the trial judge in the Lahore High Court even in the Supreme Court.

Justice Athar Manullah said that under Article 12, the court doors are open against all the people involved with Musharraf, on which lawyer Salman Safdar said that Pervez Musharraf was not involved alone in the implementation of Emergency, the then Prime Minister, Law Minister, Parliament And the judges of the Supreme Court were also involved, Pervez Musharraf was punished by a special court without hearing, a person was punished separately for his actions against the whole country.

Justice Athar Manullah said that if the emergency of 1999 had been investigated, the action of November 3 would not have taken place. After listening to the arguments of all the parties, the Supreme Court upheld the death sentence decision of the special court against Pervez Musharraf on non-compliance and said that the heirs of Pervez Musharraf did not follow the case even after receiving several notices, the appeal of Pervez Musharraf would have been rejected. Is.

The court said that the special court sentenced Pervez Musharraf on December 17, 2019. Pervez Musharraf filed an appeal number 785 in the Supreme Court. Pervez Musharraf filed an appeal on January 16, 2020. Salman Safdar said that Musharraf was sentenced on February 5, 2023. The appeal was scheduled for hearing on November 10, 2023. The court issued notices to Musharraf’s legal heirs at addresses available in Pakistan and abroad. The Supreme Court also published notices in newspapers.

The Supreme Court also annulled the decision of the Lahore High Court and said that the decision of the Lahore High Court to annul the special court was against the law.

It should be remembered that at the last hearing, the Chief Justice of Pakistan had remarked that the Lahore High Court had given the relief that was not sought in the Pervez Musharraf high treason case.

While during the hearing held on November 21, Supreme Court Justice Athar Minullah had remarked that in my personal opinion, the decision of Pervez Musharraf’s punishment has not been suspended.