Ailing ex-president Musharraf ‘wants to spend rest of his life in Pakistan’

[DHONI183]

Special court hands death penalty to former military dictator Parvez Musharraf in high treason case

Not only Nawaz sharif but many people including those Judges who legalized Mushi acts.

Nah´, don´t mention the judges, sir. They´re above the law, from what I gather.

 

[MRSN]

And then it was allowed by Zardari and Nawaz as well.

You are responding to a guy who used to defend TTP if my memories serves me right especially in the case of Malalaa.

 

[MRSN]

Not only Nawaz sharif but many people including those Judges who legalized Mushi acts.

absolute mockery of the system when these judges use law to please their ego. If you want rule of law then please implement without any bias.

 

[Hermoine Green]

Nah´, don´t mention the judges, sir. They´re above the law, from what I gather.

You are right. Even those lawyers who were due to PIC attack are now all released on a bail plea.

 

[Hadi Rizvi]

Musharraf and Traitor.

Two words that should never be used in the same sentence.

 

[pakistanisgreat]

absolute mockery of the system when these judges use law to please their ego. If you want rule of law then please implement without any bias.

the problem is we never accept a decision if it is against us. people were so happy with judges when they order to arrest Nawaz, his daughter, asif. Now people are not happy with judges when they let them go. People are not happy with judges because they gave discussion against army general.

 

[Knight_Rider]

Musharaf isn’t your normal army general. He was honest and sincere to ordinary Pakistanis. This is the reason why one can witness so much public support for him.

 

[miandadrules]

Musharaf isn’t your normal army general. He was honest and sincere to ordinary Pakistanis. This is the reason why one can witness so much public support for him.

So sincere that the army under him lined their coffers in exchange for bombing them to smithereens.

 

[Hermoine Green]

the problem is we never accept a decision if it is against us. people were so happy with judges when they order to arrest Nawaz, his daughter, asif. Now people are not happy with judges when they let them go. People are not happy with judges because they gave discussion against army general.

Nope. I am not against the decision. I am against THE HALF Justice which is served.

Hang him or whatever i dont care a bit. If court think he did a crime, sure, punish him.

My concerns are that why courts are letting others go free?

For example : Laywers who were involved in PIC attack are roaming free now.

All those who were involved in Mushi's crime should also be punished. And that's what was said in Para 68. But useless.

 

[Knight_Rider]

So sincere that the army under him lined their coffers in exchange for bombing them to smithereens.

Would the course of things ve been different under anyone else? Did it change after Musharaf’s departure abt 10 yrs ago? Pak army had been fighting Americas war long before Mush first against USSR and then against Taliban.

Mush atleast saved Pakistan from further internal devastation and spent the $$$ on Ordinary Pakistanis.

 

[pakistanisgreat]

Nope. I am not against the decision. I am against THE HALF Justice which is served.

Hang him or whatever i dont care a bit. If court think he did a crime, sure, punish him.

My concerns are that why courts are letting others go free?

For example : Laywers who were involved in PIC attack are roaming free now.

All those who were involved in Mushi's crime should also be punished. And that's what was said in Para 68. But useless.

i agree with you. I do not care who the person is, whether from NL, PP, army or anyone. if they did the crime punish them. I always say even my father involve in crime punish him.
Now look at case of Rana sanaullah, it's been almost 6 months. They claim he was hiding cocaine etc. If he did then punish him, make him example for everyone. Why it is taking so long to decide. If do not have proofs then let him go.

 

[pakistanisgreat]

Would the course of things ve been different under anyone else? Did it change after Musharaf’s departure abt 10 yrs ago? Pak army had been fighting Americas war long before Mush first against USSR and then against Taliban.

Mush atleast saved Pakistan from further internal devastation and spent the $$$ on Ordinary Pakistanis.

Just because of army we are fighting american war. Thanks to General Zia i guess, correct me if i am wrong.

 

[mgtow]

Just because of army we are fighting american war. Thanks to General Zia i guess, correct me if i am wrong.

Both situations are different. Regarding USSR invasion to Afghanistan, Pakistan would have been next if USSR invaded and took over Afghanistan. They had been eyeing on Balochistan for the long time. They wanted to establish Balochistan as economical hub transport to the rest of the worlds. India’s filtration on Balochistan is not coincidence as to why Balochistan is important whereas Pakistan paid little to no attention on Balochistan which to the extent Musharraf almost messed it up on Balochistan.


USSR got involved in supporting India against Pakistan in 1971 through the forms of reinforcements and supplies to dry Pakistan out. And USSR invasion was perfect opportunity to get revenge plus it was decisive battle - not just for Pakistan and Afghanistan but also for the rest of Muslim nations that were under USSR are now free.

That was crucial war where Pakistan had to get involved to ensure the survival and not allow Afghanistan to be used as launching pad to attack on Pakistan which was long terms goal of USSR-India.

Regarding the war on Afghanistan, that was America war where Pakistan was forced to get involved in the battle that wasn’t Pakistan war at all. Because of that, series of proxy wars have been launched to undermine the stability of Pakistan and destabilized the neighbor relations between Pakistan and Afghanistan.

That was the plans of USA in the long term. USA wanted to denuclearize Pakistan, allow India to takeover and weaken China’s position.
TTP was the result of USA/Israel and India cooperation to sow discord and weaken the fabric of Pakistan. And because we had coward General, Pakistan as nation has been compromised thus empowered India to use Afghanistan as launching pad to perform series of attacks on Pakistan through the proxy wars. While USA being in Afghanistan needed Pakistan to eliminate Afghan-Taliban that was threat to USA, India and sold-out Afghan government.

Pakistan played double game and used Afghan-Taliban through proxy wars to bleed American armies much like they have been used in the past to bleed USSR armies. And of course Pakistan denied officially but Musharraf was coward and he committed series of crimes that would be considered as treason.

If Pakistan had refused, it wouldn’t be end of the worlds. Rather it would be for USA as it was for USSR. Pakistan had Nuclear programs, manpowers, resources and support from the global unofficially but Pakistan decided to bent down as platter to USA. If you read some insights of USA, they were surprised that Pakistan agreed without conditions - not much of lobbying hard to counter.

This Afghanistan war was neither USA nor Pakistan. It was Israel war used USA on one ends and Pakistan-India on other end as Israel already decided to see Pakistan as threat the moment Pakistan was born. Yet coward like Musharraf kept insisted on diplomacy with Israel overriding Arab supports even though if not for brotherhood, then for economically, Pakistan had vested on Arab worlds as trade.

Now that USA has lost while is in debt by trillion dollars to China. Pakistan suffered billion dollars as damage in the result of being part of America’s war while lost million lives in the process were civilians which most of them women and kids as well.

On the top of it, Musharraf surrendered too many people including Aafia Siddiqui whose honour was defiled in ways that should shame every Muslims out there never mind Pakistan.

Musharraf must be sentenced to death betraying the honour of Pakistan. Anyone who oppose this decision should be accounted as well. Accountability is the must and for all those who have betrayed Pakistan and sold Pakistan down the river.

 

[DHONI183]

Special court hands death penalty to former military dictator Parvez Musharraf in high treason case

I see that a lot of people literally hate Musharraf for the involvement in the USA-Afghanistan war. I fully agree with them that the supposed war on terror wasn´t supposed to be Pakistan´s war to begin with. It was a muddy area all the way from which Pakistan could never come out of. However, please remember that the world is known by the two divisions of eras: one is Before Christ and After Christ, and the other is Before 9/11 and After 9/11. The world´s biggest super power was hit by the greatest terrorist attack in the country´s history. The world has never remained the same anymore. Not siding with the USA at that time could´ve landed in Pakistan in serious trouble, and I can guarantee you that any head of the state of Pakistan would´ve done exactly the same thing. However, I´m still not justifying what Musharraf did. I´m just adding a few things so that we consider the issue from different angles. I still consider it a wrong decision. A blunder in fact.

You are right. Even those lawyers who were due to PIC attack are now all released on a bail plea.

As expected. And trust me, not a single lawyer will be punished for the events at that hospital. All will walk away with ease, even if their unanimous action resulted in the deaths of a few patients from the ICU ward.

Now look at case of Rana sanaullah, it's been almost 6 months. They claim he was hiding cocaine etc. If he did then punish him, make him example for everyone. Why it is taking so long to decide. If do not have proofs then let him go.

I´ve serious doubts on the case filed against Rana Sanaullah and the so-called evidences collected against him. That whole episode is heavily politically motivated. Rana isn´t that much of an idiot to be roaming around on the streets with a bucket of cocaine loaded on his head. That´s a politically motivated case all the way!

 

[Hermoine Green]

i agree with you. I do not care who the person is, whether from NL, PP, army or anyone. if they did the crime punish them. I always say even my father involve in crime punish him.
Now look at case of Rana sanaullah, it's been almost 6 months. They claim he was hiding cocaine etc. If he did then punish him, make him example for everyone. Why it is taking so long to decide. If do not have proofs then let him go.

Rana Sahab case is a joke, nothing else. And i dont know what is court doing in Rana's case while on the other hand Khursheed sahab got an easy bail. There were evidences against lawyers who attacked PIC, got easy bail. And that's what bothering me about these Courts.

But i hope things will improve under new CJ.

 

[Hermoine Green]

I see that a lot of people literally hate Musharraf for the involvement in the USA-Afghanistan war. I fully agree with them that the supposed war on terror wasn´t supposed to be Pakistan´s war to begin with. It was a muddy area all the way from which Pakistan could never come out of. However, please remember that the world is known by the two divisions of eras: one is Before Christ and After Christ, and the other is Before 9/11 and After 9/11. The world´s biggest super power was hit by the greatest terrorist attack in the country´s history. The world has never remained the same anymore. Not siding with the USA at that time could´ve landed in Pakistan in serious trouble, and I can guarantee you that any head of the state of Pakistan would´ve done exactly the same thing. However, I´m still not justifying what Musharraf did. I´m just adding a few things so that we consider the issue from different angles. I still consider it a wrong decision. A blunder in fact.



As expected. And trust me, not a single lawyer will be punished for the events at that hospital. All will walk away with ease, even if their unanimous action resulted in the deaths of a few patients from the ICU ward.



I´ve serious doubts on the case filed against Rana Sanaullah and the so-called evidences collected against him. That whole episode is heavily politically motivated. Rana isn´t that much of an idiot to be roaming around on the streets with a bucket of cocaine loaded on his head. That´s a politically motivated case all the way!

There is no doubt about that. But if we are bringing USA, then Nawaz, Zardari are equally guilty as well because they also supported USA drones in Pakistan we we witnessed lots of them during their era.

But

This case has no connections with these things so thats why i havent discussed it alot. If you read the judgement there is nothing about Pak-USA or Afghanistan things.

Mushi commited a crime by changing the laws according to his will, but many others were invovled in this too including Judges. Also if 2007 thingy was wrong, then 1999 was also. But unfortunately no one is ready to open it.

 

[AZulfi]

https://www.dawn.com/news/1523622/unwise-support

My neutral take on this. Agree with the gist of the article but what was wrong in 2007 was also wrong in 1999. AGREED. Iftikhar Ch. was one of the judges who took oath under PCO in 1999, who validated Musharraf's coup. Those judges even gave Musharraf the liberty to amend the constitution as per his wish. All those judges should also be held accountable for their actions in 1999 neither can the then PM Shaukat Aziz and others (including generals) who aided and abetted the emergency ruling in 2007 are exempt from blame. One person alone cannot be held accountable. Besides there are some legal loopholes. Suspension of constitution was only made part of high treason through 18th amendment in 2010. Prior to this, only abrogation (and not suspension) of constitution was considered high treason. Based on this, can you punish someone retrospectively as per the law? All the stakeholders need to act coolly and with maturity here.

I think that article 6 needs to be revisited. Military coups unless they are bloody should be punished with a lesser sentence. Imprisonment of 7-10 years should serve as an enough deterrent. Capital punishment should be reserved for really serious crimes against humanity such as murder, rape of women and sexual abuse/murder of children. Equally I believe that blasphemy cases should be punished by a lesser punishment.

Above said Army chiefs have no right or power to overthrow elected governments however bad or incompetent they may be

And just because an army general fought wars it does not mean that he can treat the constitution like a dustbin

The only good thing coming out of this judgement is that it will hopefully deter potential adventurists in future.

On a side note money laundering and plundering national wealth to build palaces and mansions abroad should be treated the same way as high treason imo.

 

[DHONI183]

Special court hands death penalty to former military dictator Parvez Musharraf in high treason case

There is no doubt about that. But if we are bringing USA, then Nawaz, Zardari are equally guilty as well because they also supported USA drones in Pakistan we we witnessed lots of them during their era.

But

This case has no connections with these things so thats why i havent discussed it alot. If you read the judgement there is nothing about Pak-USA or Afghanistan things.

Mushi commited a crime by changing the laws according to his will, but many others were invovled in this too including Judges. Also if 2007 thingy was wrong, then 1999 was also. But unfortunately no one is ready to open it.

Of course the judgment had nothing to do with the issue that I´ve brought up. However, the reason why I discussed it was because that USA-Afghanistan war is a primary source of hatred that Musharraf receives from quite a few people.

https://www.dawn.com/news/1523622/unwise-support

My neutral take on this. Agree with the gist of the article but what was wrong in 2007 was also wrong in 1999. AGREED. Iftikhar Ch. was one of the judges who took oath under PCO in 1999, who validated Musharraf's coup. Those judges even gave Musharraf the liberty to amend the constitution as per his wish. All those judges should also be held accountable for their actions in 1999 neither can the then PM Shaukat Aziz and others (including generals) who aided and abetted the emergency ruling in 2007 are exempt from blame. One person alone cannot be held accountable. Besides there are some legal loopholes. Suspension of constitution was only made part of high treason through 18th amendment in 2010. Prior to this, only abrogation (and not suspension) of constitution was considered high treason. Based on this, can you punish someone retrospectively as per the law? All the stakeholders need to act coolly and with maturity here.

I think that article 6 needs to be revisited. Military coups unless they are bloody should be punished with a lesser sentence. Imprisonment of 7-10 years should serve as an enough deterrent. Capital punishment should be reserved for really serious crimes against humanity such as murder, rape of women and sexual abuse/murder of children. Equally I believe that blasphemy cases should be punished by a lesser punishment.

Above said Army chiefs have no right or power to overthrow elected governments however bad or incompetent they may be

And just because an army general fought wars it does not mean that he can treat the constitution like a dustbin

The only good thing coming out of this judgement is that it will hopefully deter potential adventurists in future.

On a side note money laundering and plundering national wealth to build palaces and mansions abroad should be treated the same way as high treason imo.

A seriously good post. I agree with it. My first post in this thread was along the similar lines from what I remember.

 

[MenInG]

ISLAMABAD: Promi*nent lawyer and Pakistan Tehreek-i-Insaf leader Babar Awan on Monday claimed that the government was examining the option of challenging the conviction of former president Pervez Musharraf.

He told a press conference that if it deemed appropriate, the government could file an appeal while the convict could also challenge the decision of the special court.

Rejecting the argument that the government being the complainant in the case could not file an appeal, Mr Awan recalled that Nawaz Sharif and Shahbaz Sharif had been disqualified on a federal government complaint and the government went in appeal after the change of regime. He said the high treason case against Musharraf had been filed by the ex-premier with the consultation of his brother, but they both were silent on the conviction.

Spoiler

The PTI leader said a debate was going on if an absconder sentenced in absentia had to surrender before the law first or his appeal could be heard in his absence. He cited the case of slain prime minister Benazir Bhutto who had been convicted while she was abroad. He said an appeal on her behalf was taken up by the then Chief Justice Irshad Hasan Khan who held that the appeal of a person convicted in absentia could be heard in his/her absence. He said the appeal had been taken up and the judgement set aside.

The PTI leader said talks about a clash of institutions were being linked with Para 66 of the detailed judgement against retired general Musharraf.

He also ruled out any in-house change and expressed the confidence that the government would complete its constitutional term. He said the government’s decision was to adopt the constitutional and legal path. He said there were reports in the media that the opposition’s Rahbar Committee had been asked to make arrangements for an in-house change. “It is not a ‘haleem’ cauldron that people add ingredients and it is ready,” he said, adding that the opposition had already failed in its attempts to destabilize the government. He said there was neither a justification for an in-house change nor any chance of its success.

Referring to the talks of clash of institutions, Mr Awan said it had been witnessed only once in 1997 when the court of the then Chief Justice Sajjad Ali Shah had been attacked. He said several leaders and workers of the political party, who were part of the attack, were not in the country at present.

He insisted that nobody should think of a clash between institutions as the government of Prime Minister Imran Khan had a resolve to run the institutions within their constitutional and legal framework preserving their honour and dignity.

He made it clear that the Exit Control List (ECL) rules would not be relaxed on flimsy grounds for an individual. According to the ECL law, the government could not remove the name of a convict from the no-fly list, he claimed.

That was why former prime minister Nawaz Sharif had been asked to submit a bond to get the concession of travelling as ‘a special case’ due to his ‘illness’, he said, adding that the ‘ailing’ ex-PM had not been admitted to any hospital in London. He said those who went abroad for medical treatment recovered soon after reaching London.

In reply to a question, the PTI leader said PML-N leader Ishaq Dar and his sons as well as Nawaz Sharif’s sons should return to Pakistan.

https://www.dawn.com/news/1524043/govt-hints-at-challenging-musharraf-conviction

 

[AZulfi]

A seriously good post. I agree with it. My first post in this thread was along the similar lines from what I remember.

Thanks. Emotions aside, I believe that the conviction should stand because Musharraf did commit an offence. However the death sentence should be commuted to jail sentence. That should serve as an enough deterrent for potential adventurists in future.

Hence I voted in favour of a lesser sentence.

 

[MenInG]

The Lahore High Court on Tuesday constituted a three-member full bench to hear a petition filed by former military ruler retired Gen Pervez Musharraf, challenging the trial against him and formation of a special court that sentenced him to death earlier this month.

Justice Mazahir Ali Akbar Naqvi will chair the bench while Justice Amir Bhatti and Justice Masood Jahangir will be a part of it. The newly constituted bench will initiate hearing of the petition on January 9, 2020.

Earlier this month Musharraf had filed an application in the LHC, urging it to halt the special court from sentencing him in absentia. In the petition, the former dictator had challenged the formation of the special court holding his trial under charges of high treason and legal flaws committed in the procedure.

On December 17, just three days after he filed the petition, Musharraf, who is currently abroad, was handed a death penalty by the special court in Islamabad, after the three-member bench convicted him in a treason case.

One day after he was sentenced to death, LHC's Justice Naqvi had recommended a full bench to hear the petition and had referred the matter to the chief justice for a final decision.

Musharraf was booked in the treason case in 2013 for imposing a state of emergency in the country on November 3, 2007, and suspending the Constitution till the mid of December 2007.

He was declared a proclaimed offender and later sentenced under Article 6 of the Constitution, marking the first time in Pakistan's history that a military chief was declared guilty of high treason and handed a death sentence.

Article 6 of the Constitution says: "Any person who abrogates or subverts or suspends or hold in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance the Constitution by use of force or show force or by any other unconstitutional means shall be guilty of high treason."

https://www.dawn.com/news/1524137/l...ted-musharrafs-petition-against-treason-trial

 

[DHONI183]

Special court hands death penalty to former military dictator Parvez Musharraf in high treason case

I also think that the verdict wouldn´t have been the same had Musharraf been in Pakistan right now, for then the verdict would´ve to be acted upon, and that would´ve been an incredibly difficult thing to do I assure you all. I sometimes feel that, given Musharraf´s absence, the judges just thought of getting their 15 minutes of fame by claiming to be the fearless judges who gave an exemplary punishment to a dictator. It just sounds historic, you know.

 

[MenInG]

The federal government has submitted a review petition against the Supreme Court verdict in a case pertaining to the extension/appointment of an army chief, announced Prime minister's aide Firdous Ashiq Awan on Thursday.

The petition was submitted after a thorough review of the verdict by the government's legal team, she said, adding that Law Minister Farogh Naseem will brief the media in detail about this.

"The review petition was filed because our legal team thoroughly, comprehensively, and closely reviewed all aspects of the decision and concluded that there are several legal gaps in the verdict," said Awan.

Spoiler

Last month, a three-member Supreme Court bench, headed by the then chief justice Asif Saeed Khosa, had directed the parliament to legislate on the extension/reappointment of an army chief within six months, after noting that there were no clear laws or rules on the matter. The court, after grilling the attorney general for three days over the matter, the court had decided that Gen Qamar Javed Bajwa would remain chief of army staff (COAS) during the six-month period in which the parliament would draft laws regarding the extension and appointment of an army chief.

"We would like to emphasise that this crucial matter of the tenure of COAS and its extension, which has a somewhat chequered history, is before the Parliament, to fix for all times to come," wrote Justice Syed Mansoor Ali Shah, a member of the three-judge bench which heard the case, in the court's 43-page judgment.

"It is now for the people of Pakistan and their chosen representatives in the Parliament to come up with a law that will provide certainty and predictability to the post of COAS, remembering that in strengthening institutions, nations prosper."

The matter was brought to the Supreme Court's attention after Prime Minister Imran Khan granted a three-year extension to Gen Bajwa, who was supposed to retire on November 29. The top court had suspended the notification on November 26 due to irregularities in the manner of extension.

https://www.dawn.com/news/1524515/g...l-gaps-in-sc-verdict-on-army-chiefs-extension

 

[MenInG]

General retired Pervez Musharraf filed a petition with the Lahore High Court on Friday challenging the verdict by a special court in Islamabad in the high treason case against the former dictator for suspending the Constitution on November 3, 2007.

On December 17, a special court in Islamabad found Musharraf guilty of high treason and handed him a death sentence under Article 6 of the Constitution.

The verdict marked the first time in Pakistan's history that a military chief was declared guilty of high treason and handed a death sentence.

The 86 page-long petition, filed by Advocate Azhar Siddique on Musharraf's behalf, named the federal government and others as respondents.

Spoiler

A full bench, chaired by Justice Mazahir Ali Akbar Naqvi, will hear the petition on January 9, 2020.

The petition highlighted that the "judgement contained a mix of anomalies and contradictory statements". It added that the special court "rapidly and hurriedly wrapped up the trial which was far from conclusion".

“The special court […] announced an award of capital punishment to the applicant without examining the accused under Section 342 of the Criminal Procedure Code (power to examine the accused). The importance of examining the accused in a criminal trial is enormous and any lapse, failure or omission to fulfill this requirement adversely affects the prosecution case.

"A criminal trial cannot simply [be] complete without adhering to this mandatory legal requirement."

The petition stated that the special court "has not taken into consideration that no actions detrimental to national interest were taken by the applicant" as "no offence of high treason is made out from the evidence presented against him [Musharraf] before the special court".

The petition also challenged the verdict's graphic paragraph 66 which read: "We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict [Pervez Musharraf] and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk [in front of the Parliament House], Islamabad, Pakistan, and be hanged for three days”.

The petition states: "The Honourable respective president of the special court has crossed all religious moral, civil and constitutional limits, while ruthlessly, irreligiously, unlawfully, unrealistically awarding a debilitating, humiliating, unprecedented and against the dignity of a person sentence […] through para 66.”

Earlier this month, Musharraf had filed an application in the LHC, urging it to halt the special court from sentencing him in absentia. In the petition, the former dictator had challenged the formation of the special court holding his trial under charges of high treason and legal flaws committed in the procedure.

Three days after he had filed the petition, Musharraf, who is currently abroad, was handed the death penalty by the special court in Islamabad after the three-member bench convicted him in the treason case.

A day after the special court handed him death sentence, Musharraf expressed his gratitude to the armed forces and the people of Pakistan "for remembering his services for the nation".

In a video that showed him lying on a medical bed, Musharraf said he had "faith in Pakistan’s judiciary that they will provide me justice and keep in view the supremacy of law”.

https://www.dawn.com/news/1524710/m...pecial-courts-verdict-in-high-treason-caseaam

 

[MenInG]

LAHORE: The Lahore High Court (LHC) is set to hear on Thursday three civil miscellaneous applications filed by convicted former president retired Gen Pervez Musharraf challenging multiple actions against him, including the high treason case, formation of the trial court and filing of the complaint by the then government.

Spoiler

The LHC full bench seized with the matter comprises Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir.

On Dec 27 last year, the LHC registrar office had returned these applications due to unavailability of the full bench due to the winter vacation.

A legal panel comprising Khwaja Ahmad Tariq Rahim and Azhar Siddique filed the applications again on Wednesday.

The three-judge full bench recently constituted by LHC Chief Justice Sardar Mohammad Shamim Khan is scheduled to take up the main petition on Jan 9.

Hearing the main petition of Gen Musharraf as a single bench, Justice Naqvi had referred it to a larger bench pointing out important legal questions involved in the matter. Later, the then chief justice formed the larger bench.

The special court of Islamabad announced its verdict on Dec 17 and handed down the death penalty to Gen Musharraf with a two to one majority.

In the civil miscellaneous applications, Gen Musharraf asked the LHC to set aside the special court’s verdict for being illegal, without jurisdiction and in violation of Articles 10-A, 4, 5, 10 and 10-A of the Constitution.

The former president pleaded that the impugned verdict be suspended till a decision on the main petition and directives be issued to the federal government to produce complete record of the special court.

He also specifically assailed paragraph 66 of the special court’s verdict wherein Justice Waqar Seth in his minority view said: “We direct the law enforcement agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan, and be hanged for three days.”

Gen Musharraf said: “The wordings in paragraph 66 of the impugned judgement, although holding minority view, are still an exercise of languages which directly violates Article 2 of the code of conduct to be observed by judges.”

https://www.dawn.com/news/1527140/lhc-takes-up-musharrafs-pleas-today

 

[MenInG]

The Lahore High Court (LHC) on Friday posed questions regarding the legality of the treason case filed against former dictator Pervez Musharraf and the formation of the special court that conducted the trial and handed death sentence to the retired general after finding him guilty.

A three-member bench, comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir, was hearing a set of petitions filed by Musharraf challenging multiple actions against him, including conviction in high treason, the establishment of the trial court and filing of the complaint by the government.

Spoiler

Barrister Ali Zafar, who has been appointed as the court's amicus curea in the case, said that the case against Musharraf seemed to have been filed on the behest of the then prime minister, Nawaz Sharif, as there is record of the matter being on the agenda of any of the cabinet meetings held at the time.

"A case under Article 6 cannot be filed without the cabinet's approval," Barrister Zafar insisted. The court asked if the matter was on the agenda of any cabinet meeting, to which Zafar responded in the negative.

"None of the cabinet meetings were held on the matter," Barrister Zafar said.

"This was history's most important matter; can the cabinet discuss it without it being an agenda item?" the bench asked.

Justice Bhatti pointed out that during a recent case pertaining to the extension and reappointment of the army chief, the strength of the cabinet was discussed.

"But in Pervez Musharraf's case, the cabinet's approval or its role cannot be seen," the judge said. Justice Bhatti was referring to a recent case pertaining to the tenure of the army chief heard by the Supreme Court, where the bench had inquired how many members of the federal cabinet had approved Prime Minister Imran Khan's decision to extend the tenure of Army Chief Gen Qamar Javed Bajwa.

"On June 21, 2013, the attorney general sent a summary to the prime minister that a case be prepared against Pervez Musharraf under Article 6," Barrister Zafar told the court. "The interior secretary was given the authority to file a complaint on December 29, 2013."

"The case that was prepared was not in accordance with the law, neither was the formation of the special court in accordance with the law," Zafar said and added: "The complaint against Pervez Musharraf was not filed by the lawful authority; the law was violated here as well. According to the law, the cabinet has to nominate the relevant authority which would file the complaint."

Justice Naqvi also inquired how the judges who heard the treason case were appointed.

"On what basis were the judges appointed to the special court?" he asked. "Was there a written communication regarding the appointment of judges to the special court or was everything [decided] over the telephone?"

"The Ministry of Law and Justice wrote a letter to the Supreme Court registrar [asking] for names of judges to form the special court [bench]," the counsel for the federal government told the court.

"When the formation of the court [that heard the case] is wrong and illegal then all its steps and decisions will be considered illegal," Zafar said.

The court also discussed the charges levelled against Musharraf and the manner in which the trial was conducted.

"The federal government constituted the special court but did not decide how the criminal proceedings will be held," Barrister Zafar said. "After the 18th Amendment [in] Article 6, it was imperative to amend the 1973 and 1976 laws pertaining to treason."

Zafar said that though a new offence was added in Article 6, its manner of punishment was not decided.

"The charge sheet which was filed does not mention Article 6 at all," Justice Naqvi noted.

"The special court indicted [Musharraf] on the first day the case was heard," Zafar told the court. "The Supreme Court did not define the relation [of the action] with Article 6 but termed it as an unconstitutional step."

Zafar further said that that the trial was conducted in Musharraf's absence.

"If a person is not joining a trial, the court can, at most, declare him a proclaimed offender," Justice Naqvi said and added: "Which law allows punishing a person without hearing them?"

Referring to the special court's verdict, Justice Naqvi said: "Looking at the verdict, everyone who supported [Musharraf] at the time can be accused of abetting."

Barrister Zafar insisted that "no one can commit an Article 6 offence alone", saying that "it would be unconstitutional if proceedings are carried out against selected people."

"Can the special court summon other suspects if the federal government does not name them [in the case]?" asked Justice Jahangir, to which Barrister Zafar responded in the negative.

The court asked the federal government to submit a summary of the formation of the special court and directed the state's lawyer to present arguments on Monday. The hearing was adjourned until Monday.

A special court of Islamabad had on December 17 handed down death penalty to Musharraf with a two to one majority after six years of hearing the treason case against him. The case was filed by the PML-N government in 2013.

Musharraf, in his petition, had asked the LHC to set aside the special court’s verdict for being illegal, without jurisdiction, unconstitutional, in violation of Articles 10-A, 4, 5, 10 and 10-A of the Constitution. He sought suspension of the verdict till the decision of the petition.

https://www.dawn.com/news/1527488/n...ng-of-treason-case-against-musharraf-lhc-told

 

[MenInG]

The Lahore High Court on Monday declared the formation of a special court — which heard the treason case against former dictator Pervez Musharraf and handed him a death sentence after finding him guilty of treason — as "unconstitutional".

The LHC bench, which was hearing Musharraf's petitions against the verdict, also ruled that the treason case against the former president was not prepared in accordance with the law.

A three-member full bench of the LHC, comprising Justice Syed Mazahar Ali Akbar Naqvi, Justice Mohammad Ameer Bhatti and Justice Chaudhry Masood Jahangir, delivered the unanimous verdict.

Musharraf was sentenced to death by a special court in Islamabad on December 17, 2019, six years after the trial started. The case was filed by the PML-N government in 2013.

In his petitions, Musharraf had asked the LHC to set aside the special court’s verdict for being illegal, without jurisdiction and unconstitutional for violating Articles 10-A, 4, 5, 10 and 10-A of the Constitution. He also sought suspension of the verdict till a decision on his petition is made.

Arguments in court
As the court resumed hearing Musharraf's pleas on Monday morning, Additional Attorney General (AAG) Ishtiaq A. Khan, appearing on behalf of the federal government, presented the summary and record of the formation of the special court.

On Friday, Justice Naqvi had asked the federal government to submit a summary on the formation of the special court and had directed the state's lawyer to present arguments on Monday (today).

AAG Khan said that the matter of forming a case against Musharraf was never included in the cabinet agenda.

Justice Jahangir asked when the cabinet meeting under discussion was held. AAG Khan responded that it was held on June 24, 2013. He added that the cabinet met again with regards to the appointment of judges for the special court.

"It is the truth that the formation of the special court to hear the case against Musharraf was done without cabinet approval," he said.

According to the additional attorney general, the appointment of one of the judges in the special court had come under discussion in the cabinet on May 8, 2018. He added that on October 21, 2018, Justice Yawar Ali had retired and the special court was again broken.

The court inquired if the matter of the process of filing a complaint in the case had come up in cabinet meetings. AAG Khan responded in the negative.

"According to your record, there is no agenda or notification regarding the formation of the special court or the filing of the complaint," the bench noted.

The bench also discussed if imposing an emergency amounted to the suspension of the Constitution and Justice Naqvi remarked that "emergency is part of the Constitution".

"If the situation is such that the government imposes an emergency, will a treason case be filed against that government as well?" asked Justice Naqvi.

"Can an emergency be imposed under Article 232?" asked Justice Bhatti. The additional attorney general conceded that such a step would be in accordance with the Constitution.

"Then how is it a deviation from the Constitution?" asked Justice Naqvi. The AAG told the court that while passing the 18th Amendment, the parliament had included the suspension of the Constitution in Article 6 as an offence.

The bench asked if a person can be punished for an offence committed before an amendment is passed in that regard.

"An offence committed in the past cannot be punished after new legislation," the federal government's counsel told the court.

Justice Naqvi further said that by adding three words, the parliament had changed the entire status of the Constitution. He was referring to the amendments made in Article 6, where the parliament had deemed the abrogation, subverting or suspension of the Constitution as an offence of high treason.

"How many members comprised the FIA team that conducted the inquiry against Perves Musharraf?" asked Justice Naqvi, as the court examined the proceedings of the trial against Musharraf.

"A 20-25 member team was constituted which completed the inquiry," the AAG told the court.

"How many of those members participated in the trial?" the judge asked.

"Only one of them appeared [before the special court] for the trial," said AAG Khan.

"What is the value of an inquiry against Pervez Musharraf when those who conducted the inquiry did not appear during the trial [proceedings]?" remarked the judge.

Musharraf case was not on cabinet agenda
During the hearing on Friday, the LHC had posed questions regarding the legality of the treason case and the formation of the special court that conducted the trial and had handed Musharraf the death sentence.

Barrister Ali Zafar, who has been appointed the court's amicus curea, said that the case against Musharraf seemed to have been filed on the behest of then prime minister Nawaz Sharif, as there is no record of the matter being on the agenda of any of the cabinet meetings held at the time.

"A case under Article 6 cannot be filed without the cabinet's approval," Barrister Zafar had insisted. The court asked if the matter was on the agenda of any cabinet meeting, to which Zafar had responded in the negative.

"None of the cabinet meetings were held on the matter," Barrister Zafar said.

"This was history's most important matter; can the cabinet discuss it without it being an agenda item?" the bench had asked.

In an earlier hearing on Musharraf's plea, AAG Ishtiaq A Khan on Thursday told the bench that the formation of the special trial court had not been approved by the federal cabinet.

He said the record showed that only one letter was written by then premier Nawaz to the ministry of interior for the initiation of an inquiry against Musharraf on the charge of high treason.

https://www.dawn.com/news/1528058/s...rraf-treason-trial-unconstitutional-rules-lhc

 

[Angrez Pakistani]

Pakistani citizens in Guantanamo Bay, handed over to US authorities by Musharraf, must be bursting with joy at hearing this news. Oh sorry ... they can’t; they aren’t allowed to have such privileges as getting news from the outside world.

 

[MenInG]

A court in Pakistan has overturned the death sentence handed down to former president Pervez Musharraf by declaring the legal process unconstitutional.

Gen Musharraf had challenged the formation of special court which found him guilty of treason last December.

On Monday, the Lahore High Court sided with the exiled general, who seized power in a 1999 coup and was president from 2001 to 2008.

The decision meant Gen Musharraf was "a free man", one prosecutor said.

"The filing of the complaint, the constitution of the court, the selection of the prosecution team are illegal, declared to be illegal... And at the end of the day the full judgment has been set aside," the government prosecutor, Ishtiaq A. Khan, explained to news agency AFP.

He added there was "no judgment against him any longer".

According to BBC Urdu, the long-running case - which relates to Gen Musharraf's suspension of the constitution in 2007, when he declared an emergency in a move intended to extend his tenure - could still be retried in another court.

The indictment in 2014 was a highly significant moment in a country where the military has held sway for much of its independent history, with no other military leader ever facing such legal consequences for their actions.

When the verdict finally came in December, it was strongly opposed by both the military and the current government.

But the penalty was unlikely to be carried out. Gen Musharraf, who has always denied any wrongdoing, was allowed to leave Pakistan in 2016 and is in Dubai.

What is the case about?
In November 2007, Gen Musharraf suspended the constitution and imposed emergency rule - a move which sparked protests. He resigned in 2008 to avoid the threat of impeachment.

When Nawaz Sharif - an old rival whom he deposed in the 1999 coup - was elected prime minister in 2013, he initiated a treason trial against Gen Musharraf and in March 2014 the former general was charged for high treason.

Gen Musharraf argued the case was politically motivated and that the actions he took in 2007 were agreed by the government and cabinet. But his arguments were turned down by the courts and he was accused of acting illegally.

According to the Pakistani constitution, anyone convicted of high treason could face the death penalty. Gen Musharraf travelled to Dubai in 2016 after a travel ban was lifted and he has refused to appear before the court, despite multiple orders.

The three-member bench had reserved its verdict in the long-running case last month, but was stopped from announcing it by a petition filed by the federal government to the Islamabad High Court.

https://www.bbc.com/news/world-asia-51093842

 

[Mamoon]

So LHC is now back in the good books of Youthopians. We were told it is the spawn of the devil and in the pockets of the Sharifs.

 

[PetroDollars]

Good decision, JUSTICE HAS BEEN SERVED

Courts can not be allowed to become weapons of politicians or other outside individuals hellbent on destroying the army.

 

[Mamoon]

The same Musharraf who said that constitution belongs in the trash is now begging the constitution to save him.

Democracy will always be the best revenge.

 

[Manager101]

So LHC is now back in the good books of Youthopians. We were told it is the spawn of the devil and in the pockets of the Sharifs.

Just like it was in the good books for PML-N cult when they were releasing PML-N members ?

 

[Lonewarrior]

Can Never Be a Traitor

 

[kk1992]

The same Musharraf who said that constitution belongs in the trash is now begging the constitution to save him.

Democracy will always be the best revenge.

Pakistan is a democracy.

 

[Gabbar Singh]

The general outlives the judge.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr"><a href="https://twitter.com/hashtag/COVID19?src=hash&ref_src=twsrc%5Etfw">#COVID19</a Peshawar High Court Chief Justice Waqar Ahmad Seth, who as head of a special court had awarded death sentence to former leader Pervez Musharraf, has passed away at the age of 59, days after contracting COVID-19. <a href="https://t.co/Z62PmoxwUv">https://t.co/Z62PmoxwUv</a></p>— Gulf Today (@gulftoday) <a href="https://twitter.com/gulftoday/status/1327248737039683586?ref_src=twsrc%5Etfw">November 13, 2020</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[MenInG]

The Islamabad High Court (IHC) will hear a contempt petition against the National Accountability Bureau (NAB) chairman on Monday over his failure to take action against former military ruler Gen (retd) Pervez Musharraf in assets beyond known sources of income case.

A bench comprising IHC Chief Justice Athar Minallah and Justice Sardar Ejaz Ishaq Khan will hear the case.

A two-member bench of the high court had on January 25, 2018, ordered that the anti-graft watchdog may take action against the former general over charges of corruption.

The petitioner said the accountability courts have convicted many people accused of corruption but the former general was still at large, adding that NAB could have proceeded further in the case.

The petitioner, Lt Col (retd) Inamur Rahim, sought inquiry against the former president over allegations that he in his nomination papers had declared assets beyond his known sources of income.

Mr Rahim had filed a complaint almost a decade ago, asking NAB to launch a probe into the same. However, the bureau had refused to conduct this inquiry stating that it lacks jurisdiction in the matter because as a member of the armed forces the general was immune from being proceeded against under the National Accountability Ordinance 1999.

However, in a judgement issued in February 2018, the court ruled: “The bureau is vested with the power and jurisdiction to consider the complaint of the petitioner and after such consideration, if it is of the opinion that an offence under the Ordinance of 1999 is prima facie made out, then it will become a duty of the latter to proceed to inquire, investigate and take all other steps mandated under the Ordinance of 1999.”

The petitioner argued that Mr Musharraf, as the chief of the army staff and the country’s president, violated his oath of defending the country and protecting its citizens.

He claimed that Musharraf owns eight immovable assets in the form of property in Pakistan and two abroad. He has under his name three properties in Karachi, two in Islamabad and one each in Lahore and Gwadar.

It said Musharraf owns another property in Karachi under his wife’s name and two properties in UAE and the United Kingdom respectively. Apart from them, he owns three vehicles, two Land Cruisers and one Corolla under his name and four vehicles under his wife’s name.

Rahim claimed that Musharraf’s assets do not match with his income sources.

https://tribune.com.pk/story/2341116/nab-chief-may-face-contempt-in-musharraf-case

 

[MenInG]

The Islamabad High Court (IHC) has issued a notice to Chairman NAB Justice (retd) Javed Iqbal for not acting against former military ruler retired Gen Pervez Musharraf for his alleged corruption during his tenure as the country’s president.

A bench comprising IHC Chief Justice Athar Minallah and Justice Sardar Ejaz Ishaq Khan heard the petition seeking contempt of court proceedings against the NAB chief on Monday.

Petitioner's lawyer told the court that according to the records of the Election Commission of Pakistan (ECP), Musharraf had $2 million in one account.

He said that an IHC division bench had on Jan 25, 2018, held that NAB could proceed against retired generals over corruption charges, regretting that the anti-graft watchdog did not take any action.

When inquired by the chief justice whether the decision of this court had been challenged, the counsel answered in the negative and maintained the case had been in fact finalised.

He said he provided evidence to the NAB yet it was not acting against Gen Musharraf.

After the initial hearing, the court issued a notice to the NAB chief with a direction to submit his reply to the petition by the next hearing on Feb 15.

Mr Rahim, the petitioner, had filed a complaint almost a decade ago, asking NAB to launch a probe into the same. However, the bureau had refused to conduct this inquiry stating that it lacks jurisdiction in the matter because as a member of the armed forces the general was immune from being proceeded against under the National Accountability Ordinance 1999.

However, in a judgement issued in February 2018, the court ruled: “The bureau is vested with the power and jurisdiction to consider the complaint of the petitioner and after such consideration, if it is of the opinion that an offence under the Ordinance of 1999 is prima facie made out, then it will become a duty of the latter to proceed to inquire, investigate and take all other steps mandated under the Ordinance of 1999.”

The petitioner argued that Musharraf, as the chief of the army staff and the country’s president, violated his oath of defending the country and protecting its citizens.

He claimed that Musharraf owns eight immovable assets in the form of property in Pakistan and two abroad. He has under his name three properties in Karachi, two in Islamabad and one each in Lahore and Gwadar.
It said Musharraf owns another property in Karachi under his wife’s name and two properties in UAE and the United Kingdom respectively. Apart from them, he owns three vehicles, two Land Cruisers and one Corolla under his name and four vehicles under his wife’s name.

Rahim claimed that Musharraf’s assets do not match with his income sources.

https://tribune.com.pk/story/2341435/ihc-issues-notice-to-nab-chief-in-musharraf-assets-case

 

[MenInG]

Rumours on Social Media about his death.

 

[Cover Drive Six]

Rumours on Social Media about his death.

The news circulating about former President Gen Pervez Musharraf is not true. He is sick but at home.

 

[MenInG]

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Message from Family:<br><br>He is not on the ventilator. Has been hospitalized for the last 3 weeks due to a complication of his ailment (Amyloidosis). Going through a difficult stage where recovery is not possible and organs are malfunctioning. Pray for ease in his daily living. <a href="https://t.co/xuFIdhFOnc">pic.twitter.com/xuFIdhFOnc</a></p>— Pervez Musharraf (@P_Musharraf) <a href="https://twitter.com/P_Musharraf/status/1535238352387063814?ref_src=twsrc%5Etfw">June 10, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

[Savak]

The last interview he gave was in Jan 2019. That should tell about the state of his health in the last 3 years

 

[Pakistani tigers]

Single most harmful dictator for our democracy, security, federal Unity, autonomy,...good riddance and hope Almight Allah is lenient on more than 80000 ppl his cowardly acceptance of WoT resulted in death of

 

[transparent opacity]

There should be no obstacle in Musharraf returning: Khawaja Asif

Defence Minister Khawaja Asif on Saturday said there should be no obstacle in former president Pervez Musharraf's return to Pakistan on account of his ill health.

He said on Twitter that "past events should not bear in the matter" and prayed for the former military ruler's health so he could live his remaining life with dignity.

Musharraf's family had clarified on Friday that he was not on a ventilator but had been hospitalised for the last three weeks.

The family had issued the statement after false news of his demise started circulating on social media after some Pakistani and Indian publications carried it.

The retired general's illness came to light in 2018 when the All Pakistan Muslim League announced that he was suffering from the rare disease amyloidosis.

Amyloidosis is the name for a group of rare, serious conditions caused by a build-up of an abnormal protein called amyloid in organs and tissues throughout the body. The build-up of amyloid proteins (deposits) can make it difficult for the organs and tissues to work properly.

The party's Overseas President Afzaal Siddiqui had said that Musharraf's condition had "weakened his nervous system". At the time he was being treated in London.

Musharraf overthrew Nawaz Sharif's government in 1999, and the former prime minister and his brother were taken into custody. The general ruled the country until 2008.

On March 30, 2014, Musharraf was indicted for suspending the Constitution on November 3, 2007.

On December 17, 2019, a special court handed Musharraf the death sentence in the high treason case against him.

The former military ruler left the country in March 2016 for Dubai to seek medical treatment and hasn't returned to Pakistan since.

https://www.dawn.com/news/1694277/there-should-be-no-obstacle-in-musharraf-returning-khawaja-asif

 

[MenInG]

Former military ruler General (retd) Pervez Musharraf, who has been living in Dubai since 2016, has expressed his desire to his close associates that he wants to spend the rest of his life in Pakistan, The Express Tribune has learnt.

The sources said on Saturday that the ailing former president wants to return to his homeland as soon as possible. His close associates have approached the 'powerful quarters' and government officials to remove any obstacle in his return to the country.

The development comes after Musharraf’s family last Friday denied reports of his demise, saying the former chief executive was not on the ventilator but added that his recovery was not possible.

“He has been hospitalised for the last 3 weeks due to a complication of his ailment (Amyloidosis). Going through a difficult stage where recovery is not possible and organs are malfunctioning. Pray for ease in his daily living," the family wrote in a statement through Musharraf's official Twitter account.

Musharraf's close aide Dr Muhammad Amjad told The Express Tribune that Musharraf was suffering from a serious illness and described his condition as critical.

Musharraf has played a significant role in the development of Pakistan and it is his right that he spends the rest of his life in Pakistan, he added.

Dr Amjad confirmed that Pervez Musharraf wanted to return to Pakistan immediately while his close allies are in touch with the authorities concerned to ensure his return.

He also requested the federal government and army chief General Qamar Javed Bajwa to take steps to bring back Musharraf to his homeland so that he could spend the rest of his life here.

Defence Minister Khawaja Asif said last week that there should be no obstacle in former president Pervez Musharraf's return to Pakistan in view of his illness

He also prayed for the former military ruler's health so that he could live his remaining life with dignity.

The 79-year-old former military ruler is suffering from amyloidosis, a rare disease caused by a build-up of an abnormal protein called amyloid in organs and tissues throughout the body, according to his family. The build-up of amyloid proteins (deposits) can make it difficult for the organs and tissues to work properly.

Amyloidosis can affect different organs in different people, and there are different types of amyloid. Amyloidosis frequently affects the heart, kidneys, liver, spleen, nervous system and digestive tract.

In the human body, plasma cells stored in bones perform the important function of making antibodies. However, a patient suffering from amyloidosis starts releasing protein from his plasma cells because of which antibodies called amyloid to become dysfunctional and dangerous.

Express Tribune

 

[MenInG]

Director General Inter-Services Public Relations (ISPR) Major General Babar Iftikhar has said that the top military leadership’s stance is to bring ailing former president Gen (retd) Pervez Musharraf, who has been living in Dubai since 2106, back to Pakistan in view of his critical medical condition.

Speaking to a local TV channel on Tuesday, the chief military spokesperson said that family of the former president had been approached and added that final decision of his return will be taken by his family and doctors.

"General Pervez Musharraf's health is very bad. In such a situation, the leadership of the institution is of the view that he should be brought back to Pakistan. But this decision will be made by his family and doctors."

He added that arrangements for his return would be made after his family’s response.

Musharraf’s family last Friday denied reports of his demise, saying the former chief executive was not on the ventilator but added that his recovery was “not possible”.

“He has been hospitalised for the last 3 weeks due to a complication of his ailment (Amyloidosis). Going through a difficult stage where recovery is not possible and organs are malfunctioning. Pray for ease in his daily living," the family wrote in a statement through Musharraf's official Twitter account.

Sources told The Express Tribune on Monday that the former military rulers had expressed his desire that he wanted to spend the rest of his life in Pakistan.

His close associates have approached the 'powerful quarters' and government officials to remove any obstacle in his return to the country.

Defence Minister Khawaja Asif said last week that there should be no obstacle in former president Musharraf's return to Pakistan in view of his illness.

He also prayed for his health so that he could live his remaining life with ‘dignity’.

 

[MenInG]

Speculations regarding the return of former president and military dictator Gen (retd) Pervez Musharraf to Pakistan due to his “frail” health echoed in the Senate on Wednesday as lawmakers from both sides of the aisle expressed their opinions on Musharraf’s homecoming.

The former army chief, who ruled Pakistan for nine years, made the headlines again, after he had expressed his wish to spend his remaining years in Pakistan. The sources close to the ex-chief had said that Musharraf wanted to move to Pakistan at the earliest. His family said it was impossible for him to recover.

The report was followed by a statement by Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif wherein he urged the PML-N government to allow the dictator to come back. It may be noted here that Musharraf had come to power after toppling the government of Nawaz Sharif.

Similarly, the Pakistan Army spokesperson expressed support for the return of the former chief during a press conference on Tuesday.

Senators debate return

Starting the debate, Jamaat-i-Islami Senator Mushtaq Ahmad Khan, referring to reports of bringing back Musharraf, said, “There are talks regarding allowing Musharraf to come back to Pakistan…Mian Nawaz Sharif has also issued a statement…The country and the Constitution suffered grave injustice but our hands are tired…we are practically slaves.”

He recalled that Musharraf was the absolute ruler of Pakistan for 10 years. He "abrogated the Constitution, attacked the judiciary... a former chief justice was dragged by his hair," the JI lawmaker said.

The Peshawar High Court (PHC) ruling is there, he said referring to a ruling by the late PHC Chief Justice Waqar Seth. Justice Seth had sentenced Musharraf to death in a treason case.

During the session of the Senate today, most lawmakers were sympathetic to the plea. PPP leader Yousaf Raza Gillani said if Musharraf wanted to come back then Pakistan is his home and added that “they do not oppose” his return.

However, he added that a similar treatment should be meted out to others as well.

The PPP senator said, “We cannot decide [on his return] these decisions will be made elsewhere. When he flew out of the country, could you stop him…and now when he will be coming back, would you be able to stop it?”

“I had forgiven Musharraf when he was still in Pakistan,” the PPP leader added.

JUI-F leader Abdul Ghafoor Haideri too endorsed his return. He added Musharraf was fighting for his life and should be allowed to come back. “It would not be appropriate to create hurdles in his return.”

PML-N Senator Irfan Siddiqui said a person on their deathbed should not be stopped from returning. “If not Pakistan, where else will he go,” he said, adding that if the law and the Constitution were strong then let them chart their course after his return.

Express Tribune

 

[MenInG]

The federal government has given a green signal to ailing former military ruler General (retd) Pervez Musharraf, who has been living in Dubai since 2016, to return to Pakistan as soon as the legal requirements are fulfilled.

Sources privy to the development told The Express Tribune on Thursday that the family of the former president has been told that the legal requirements and other arrangements for his return will be made as soon as he took a final decision on his homecoming.

However, the return of the former military ruler is subject to the opinion and permission of his doctors, who have been consulted in this regard, said the sources close to the ex-army chief.

If the doctors allowed the former president to travel then Musharraf will be flown to Pakistan from Dubai by air ambulance, they added.

The family of the ex-president is also assessing whether his medical treatment would be possible in Pakistan if he returns.

The 79-year-old former military ruler is suffering from amyloidosis, a rare disease caused by a build-up of an abnormal protein called amyloid in organs and tissues throughout the body, according to his family.

The build-up of amyloid proteins (deposits) can make it difficult for the organs and tissues to work properly. His family has said it was impossible for him to recover.

The sources said the government officials have decided that obstacles in return of Musharraf will be removed legally in view of his critical condition.

He will likely be brought back to Islamabad or the second option is Karachi.

Dr Muhammad Amjad, a close associate of Musharraf, confirmed to The Express Tribune that the federal government had honoured the desire of the ex-army chief to spend the rest of his life in Pakistan and allowed him to return to his homeland.

The former army chief, who ruled Pakistan for almost nine years, made the headlines again this month after he had expressed his wish to spend his remaining years in Pakistan. The sources close to the ex-army chief had also said that Musharraf wanted to move to Pakistan at the earliest.

The report was followed by a statement by PML-N supreme leader Nawaz Sharif wherein he had urged the PML-N government to allow the former dictator to come back. It may be noted here that Musharraf had come to power after toppling the government of then premier Nawaz.

Similarly, the Pakistan Army's spokesperson Maj Gen Babar Iftikhar had expressed support for the return of Musharraf during a recent press briefing.

Express Tribune

 

[MenInG]

Despite the passage of more than two years, the Supreme Court has yet to fix ex-military ruler Pervez Musharraf's plea in open court challenging the registrar’s decision of not entertaining his appeal seeking to overturn the Dec 17, 2019 death sentence awarded to him by the special court in the high treason case.

In 2020, the SC registrar's office had returned Gen Musharraf’s appeal on the grounds that unless the petitioner surrendered himself, his plea could not be entertained. The ailing former military ruler is presently living abroad.

However, later the apex court ordered fixing before one of its benches an application filed against the court registrar’s decision.

The decision to fix the matter before a bench was taken by the incumbent CJP Umar Ata Bandial after hearing Advocate Salman Safdar, Gen Musharraf’s counsel, in his chamber.

Nonetheless, the SC Registrar did not fix the appeal during the entire tenure of former CJP Gulzar Ahmed.

Interestingly, Musharraf filed the appeal in the apex court even though a three-judge bench of the Lahore High Court (LHC) has already declared unconstitutional the filing of high treason case against him, the formation of the special court as well as its proceedings, leading to the abolition of the death penalty handed down to him.

Subsequently, Pakistan Bar Council (PBC) also challenged the LHC verdict. Its petition is yet to be fixed before the bench.

Furthermore, senior lawyer Hamid Khan had also raised questions on ex-CJP Gulzar Ahmed’s failure to fix the petitions against the LHC verdict in favour of Musharraf.

‘Musharraf wanted to pursue the case’

Musharraf's counsel Salman Safdar told The Express Tribune said that just before the former president’s condition went critical, he was actively pursuing the high treason case and was very anxious to return to his homeland and pursue the cases registered against him.

The counsel said that due to multiple serious ailments, Musharraf was not in a position to give any instructions to him.

"My active communication ended almost a year ago and since then family members – Bilal Musharraf and Begum Sahiba Musharraf – are following cases on his behalf,” he added

He also said that Musharraf's appeal in SC was pending with an objection that he was not present in the country, which is a mandatory requirement.

"The objection petition was heard by a single judge in the chambers and the matter was ordered to be heard by a larger bench of SC which to date has not been constituted.”

Meanwhile, it was learnt that senior lawyers had advised Musharraf’s supporters to challenge the special court order which was issued in line of SC judgment.

Express Tribune

 

[Savak]

Let him be in peace in his final moments a d grant him his wish to be buried in Pakistan.

 

[MenInG]

DUBAI: The family of former military ruler General (retd) Pervez Musharraf Sunday said that they are reviewing the medical, legal and security challenges before making any decisions about his return to Pakistan.

"Pakistan lacks the required medicines and medical facilities," said his family, adding that an uninterrupted supply of a drug called daratumumab and treatment of amyloidosis is needed which is currently not available in the country.

The family also thanked the country's leadership for contacting them through official and unofficial channels for Musharraf's return.

Earlier, Tariq Aziz who is Musharraf's close friend said that the ex-president wants to return to his homeland, but his doctors have advised against air travel.

Aziz, who served as Musharraf's principal secretary and secretary-general of the National Security Council (NSC) for eight years, said that Musharraf was keen to return home but his doctors were coming in the way.

'Govt should facilitate Musharraf if he wishes to return to Pakistan'

Former prime minister and PML-N supremo Nawaz Sharif had asked the coalition government to facilitate Musharraf if he wishes to return to Pakistan, adding that he does not have any “personal enmity or tussle” with the ex-dictator.

“I have no personal enmity or tussle with Pervez Musharraf. I do not want anyone else to suffer the traumas that I have to endure for my loved ones,” the three-time prime minister stated on Twitter.

Nawaz added that he is praying for the health of the former dictator, adding that if he wishes to come home, then the government should facilitate his return.

The statement had come hours after Director-General Inter-Services Public Relations (ISPR) Major General Babar Iftikhar also said that the military leadership believes that the former army chief should return to Pakistan.

Musharraf, 78, is critically ill these days as he is suffering from a condition called amyloidosis, his office said earlier this month.

The All Pakistan Muslim League (APML) — the political party established by Musharraf — said that he was taken back to his residence after three weeks of being admitted to the hospital, refuting the news of his death or him being on a ventilator.

TheNews

 

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<blockquote class="twitter-tweet"><p lang="en" dir="ltr">Message from Family <a href="https://t.co/TDFYUypJcH">pic.twitter.com/TDFYUypJcH</a></p>— Pervez Musharraf (@P_Musharraf) <a href="https://twitter.com/P_Musharraf/status/1538549000059633667?ref_src=twsrc%5Etfw">June 19, 2022</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

 

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Chief of Army Staff (COAS) General Qamar Javed Bajwa has recently visited the ailing former president and army chief Gen (retd) Pervez Musharraf in Dubai, according to sources close to the former military ruler’s family.

“Gen Qamar was accompanied by top physicians of Pakistan Army,” one source told The Express Tribune. “Gen Musharraf and his family greeted the COAS with great delight,” added the source, who was also present in the meeting. However, there was no official word on the COAS visit from the military’s media wing.

According to the sources, the COAS spent some time with Gen Musharraf and his family at their apartment while the army doctors examined the 78-year-old former military ruler, who was diagnosed with the life-threatening health condition, called Amyloidosis, in 2018 in the UAE.

Amyloidosis is a group of rare, serious conditions that is caused by a build-up of an abnormal protein, called amyloid, in organs and tissues throughout the body, says the UK’s National Health Service. If left untreated, these protein deposits can lead to organ failure.

The family of Musharraf, who has been living in self-exile in Dubai since 2016, has yet not made their mind to fly him back to Pakistan. Earlier this week, the family ruled out the possibility citing lack of proper treatment in Pakistan.

“An uninterrupted supply and administration of experimental drug Daratumumab needed alongside associated treatment of Amyloidosis that are currently not available in Pakistan,” the family wrote on Musharraf’s Twitter handle on June 21. “It’s not easy to take a call on Musharraf's return from Dubai where he is undergoing treatment.”

The family also revealed that they had been assured that the Pakistani government and the military establishment would facilitate the septuagenarian general’s smooth return.

“Communications have been received from official and unofficial channels that [Musharraf's] return home will be facilitated. We sincerely appreciate these overtures since Pakistan is home,” they said.

On June 14, The Express Tribune reported that the exiled general, who seized power in a 1999 coup and was president from 2001 to 2008, had expressed a desire to spend the rest of his life in Pakistan. His close associates subsequently approached the “powerful quarters” and government officials to make a formal request.

The development came on the heels of a Twitter statement from the family in which they said Musharraf’s “recovery is not possible”.

“He has been hospitalised for the last three weeks due to a complication of his ailment (Amyloidosis). Going through a difficult stage where recovery is not possible and organs are malfunctioning. Pray for ease in his daily living,” the family wrote in a Twitter post.

The developments triggered a media guessing game on the military’s possible reaction, which came through quickly. The chief military spokesperson said the “military brass believes Musharraf should be brought back to Pakistan”.

“General Pervez Musharraf's health is very bad. In such a situation, the leadership of the institution is of the view that he should be brought back to Pakistan. But this decision will be made by his family and doctors,” Maj Gen Babar Iftikhar said in a TV interview on June 14.

“Musharraf’s family has been contacted for this purpose,” he added. “If the family gives its consent, then arrangements would be made to bring him back.”

Gen (retd) Pervez Musharraf had toppled the government of then prime minister Nawaz Sharif in 1998 in a bloodless coup and then sent the Sharif family into exile as a result of a deal brokered by a friendly country.

Sharif, however, says he holds no grudge against Musharraf.

“I’ve no personal feud with Pervez Musharraf. I don’t want anyone to go through the same emotional shock and trauma with regard to their loved-ones as I had to endure,” he said in a cryptic reference to his tormentor.

“I pray to Almighty Allah to grant him recovery. If he wants to return, then the government should facilitate him,” Sharif said in a tweet.

Sharif, who was sentenced to seven years in jail in a corruption case in Dec 2018, has been living in London for the treatment of some undiagnosed illness. He was flown to London in an air ambulance in Nov 2019, a month after the three-times premier was released on bail.

On Dec 17, 2019, a special court found Musharraf guilty of high treason and sentenced him to death under Article 6 of the Constitution in a 2-1 split verdict. The trial was initiated by Sharif, whom Musharraf deposed in the 1999 coup. He was elected prime minister in 2013 for the third time.

Gen Musharraf was the first army chief to be charged with high treason and the security establishment had watched the case carefully. It said the special court ruling had been "received with a lot of pain and anguish by rank and file of the Pakistan armed forces".

“An ex-army chief, chairman joint chief of staff committee and president of Pakistan, who has served the country for over 40 years, fought wars for the defence of the country can surely never be a traitor,” the military said in a statement issued by its media wing.

On Jan 13, 2020, a Lahore High Court bench, while ruling on Musharraf’s petition against the formation of the special court, overturned the death sentence by declaring the legal process unconstitutional.

https://tribune.com.pk/story/2363300/coas-gen-bajwa-visits-ailing-musharraf-in-dubai