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Death Penalty: Timeline of Musharraf’s high treason case

Optimum Tech

Dec 17

The special court on Tuesday handed over the death sentence to the former military dictator General (r) Pervez Musharraf after analysing the complaints, records, arguments and facts in the case for three months.

The court ruled that it found Musharraf guilty of high treason according to Article 6 of the constitution.

The special bench hearing the high treason comprised of Peshawar High Court (PHC) Chief Justice (CJ) Waqar Ahmad Seth Akbar and Justice Shahid Karim of the Lahore High Court (LHC). The bench was formed on the orders of the Supreme Court (SC).

EXPLAINED: MUSHARRAF’S CRIMES, PUNISHMENT

The Pakistan Muslim League-Nawaz (PML-N) government had in 2013 filed the treason case against Musharraf over the president’s imposition of extra-constitutional emergency in November 2007.

Here is the timeline of the high treason case

  • July 22, 2009: The Supreme Court (SC) in an unprecedented move, calls Gen (r) Musharraf to defend his actions on November 3, 2007, following the president’s resignation after a nine-year rule on the country.
  • July 31, 2009: The SC rules that Musharraf’s decision to impose an emergency on November 3, 2007, as well as his PCO [Provisional Constitutional Order] were illegal and unconstitutional. The court gives him seven days to respond.
  • August 6, 2009: Musharraf refuses to answer the charges against him and leaves Pakistan for the United Kingdom (UK).
  • March 22, 2013: Musharraf plans to return to Pakistan after exile and gets a protective bail for 10 days in three high-profile cases against him.
  • March 27, 2013: Senior counsel A.K. Dogar, during a hearing pertaining to strict adherence to articles 62 and 63 during elections, refers to SC’s ruling on Musharraf’s actions on November 3, 2007. A.K Dogar argues that in overthrowing the constitution, Musharraf had committed the offence of high treason.
  • March 29, 2013: Sindh High Court (HC) grants an extension in bail for Musharraf, but rules that he cannot leave Pakistan without permission.
  • April 5, 2013: SC agrees to hear a petition seeking to prosecute the former military dictator under sections 2 and 3 of the High Treason (Punishment) Act 1973.
  • April 7, 2013: Chief Justice (CJ) Iftikhar Mohammad Chaudhry withdraws himself from the three-member bench formed to hear the treason case against Musharraf.
  • April 8, 2013: Supreme Court summons Musharraf in the treason case against him. The court also instructs the interior ministry to add his name to the Exit Control List (ECL).
  • April 18, 2013: Musharraf after the cancellation of his bail application flees from the premises of the Islamabad High Court (IHC).
  • April 19, 2013: The former president surrenders in a magistrate’s court in the judges’ detention case and his farmhouse residence at Chak Shahzad, Islamabad, is declared a sub-jail.
  • April 30, 2013: Peshawar High Court (PHC) bars Musharraf from ever contesting elections for either the National Assembly (NA) or the Senate.
  • June 5, 2013: IHC judge Shaukat Aziz Siddiqui recuses himself from hearing former president’s post-arrest bail plea in the judges’ detention case.
  • June 14, 2013: Minister for Law and Justice Zahid Hamid distances himself from the 2007 emergency. Zahid says there was no question of him having allegedly abetted Musharraf as the proclamation of emergency came from the former dictator’s person. The minister also denies having had any contact with Musharraf.
  • June 24, 2013: Prime Minister (PM) Nawaz Sharif tells the NA that his government will request the SC to try Musharraf under Article 6 of the Constitution.
  • November 18, 2013: SC, headed by CJP Iftikhar Chaudhry, agrees to set up a special board to try Musharraf for high treason.
  • November 19, 2013: The PML-N government submits five charges of high treason against the former military ruler in a special court. A three-member bench to hear the treason case is also formed.
  • December 12, 2013: Special bench summons Musharraf to face treason charges.
  • December 20, 2013: Musharraf, in an interview, seeks “forgiveness” for any wrongs he may have committed during his rule on the country for nine-years.
  • January 2, 2014: Musharraf is shifted to hospital after suffering a “heart problem” while on his way to a special court hearing of the treason case. His arrest warrant is not issued on medical grounds.
  • January 7, 2014: The Armed Forces Institute of Cardiology (AFIC) submits former army chief’s medical report to special court, detailing that Musharraf is suffering from “triple-vessel coronary artery disease and eight other diseases”.
  • January 16, 2014: Special court orders AFIC to constitute a medical board to assess Musharraf’s health and to submit a detailed report. The medical board subsequently declares Musharraf to be in a “critical state” and recommends his treatment at a place of his choice.
  • January 28, 2014: Prosecution expresses lack of confidence in former army chief’s medical report and requests court to summon the AFIC head for cross-examination.
  • February 7, 2014: Special court once again orders Musharraf to appear in the treason case.
  • February 18, 2014: Musharraf after avoiding 22 consecutive hearings, finally appears in special court, but no charges are framed against him as the defence argues that the case should be heard in a military court.
  • February 21, 2014: Special court rules that Musharraf is not to be tried in a military court.
  • March 30, 2014: The former army chief is indicted for treason and pleads not guilty to all charges.
  • April 1, 2014: The PML-N government offers to fly former president’s ailing mother to Pakistan from Sharjah.
  • April 2, 2014: The PML-N government rejects Musharraf’s petition seeking the removal of his name from the no-fly list.
  • April 3, 2014: Musharraf petitions SC for the removal of his name from the ECL so he may travel abroad to visit his ailing mother.
  • May 14, 2014: Federal Investigation Agency (FIA) declares it has “irrefutable proof” that former army chief illegally imposed emergency in 2007.
  • June 12, 2014: SHC strikes down the government’s order barring Musharraf from overseas travel, ruling that “not a single ground was mentioned in the memorandum placing the former president’s name on the ECL”.
  • June 13, 2014: Special court rejects former president’s plea for details of “abettors” who had suggested, endorsed or implemented the 2007 emergency.
  • June 14, 2014: The government moves SC against the SHC ruling allowing Musharraf to travel abroad.
  • June 23, 2014: The apex court suspends the SHC judgment allowing former military ruler to travel abroad until it decides the pending appeal.
  • September 8, 2014: Musharraf’s legal team gets hold of crucial evidence pointing towards then prime minister (PM) Shaukat Aziz’s role in the imposition of the November 3 emergency.
  • October 15, 2014: Musharraf’s defence team asks the special court for a collective trial of all his accomplices.
  • November 21, 2014: Special court directs the federal government to resubmit its complaint in the high treason case, this time including the names of former PM Shaukat Aziz, former law minister Zahid Hamid and former CJ Abdul Hameed Dogar to the charge-sheet.
  • December 22, 2015: The former president says he invoked emergency after consulting Gen Ashfaq Parvez Kayani among other civilian and military leaders.
  • March 14, 2016: Musharraf seeks one-time permission to go abroad on medical grounds.
  • March 16, 2016: SC orders the fovernemnt to remove Musharraf’s name from the no-fly list, allowing him to travel abroad on medical grounds.
  • March 18, 2016: The former president leaves for Dubai to seek medical treatment, promising to come back to his “beloved homeland” in a few weeks.
  • May 11, 2016: Special bench declares former army chief an absconder in the treason case.
  • March 29, 2018: Special court dissolves after Justice Yahya Afridi recuses himself from hearing the high treason case against Musharraf.
  • April 7, 2018: CJ Mian Saqib Nisar reconstitutes special bench hearing Musharraf high treason case.
  • May 31, 2018: Interior ministry, complying with the special court’s orders, asks the National Database and Registration Authority (NADRA) and the Directorate General of Immigration & Passports to suspend former army chief’s national identity card and passport.
  • June 7, 2018: SC allows Musharraf to run for polls on the condition that he appear in person before the court.
  • June 20, 2018: Former president says he was set to return to the country but SC’s orders barring authorities from arresting him made him change his mind.
  • July 30, 2018: Prosecution head in the high treason case against Musharraf quits.
  • August 3, 2018: Special court decides to resume the trial which was delayed due to Musharraf’s departure from Pakistan — beginning August 20.
  • August 20, 2018: Musharraf citing threats to his life, seeks presidential security to appear before the special court in the high treason case.
  • August 29, 2018: Special court is told that Interpol refuses to issue red warrants for former army chief’s repatriation from the United Arab Emirates (UAE) where he has been living since 2016.
  • October 2, 2018: CJ Saqib Nisar grills Musharraf’s councel on the “brave commando’s” overdue return to the country.
  • October 24, 2018: APML discloses that former president is suffering from amyloidosis and has difficulty standing and walking.
  • November 19, 2018: Court tells Musharraf’s lawyer to convince former president to return and provide his itinerary so the high treason case could proceed.
  • March 31, 2019: Supreme Court orders Musharraf to appear before the special court in the treason case on May 2 or lose his right of defence.
  • April 1, 2019: SC, under CJ Asif Saeed Khosa, issues a decree telling the special bench to proceed in the high treason case without Musharraf’s statement if he fails to appear the following month.
  • June 11, 2019: SC orders NADRA to unblock former dictators’s CNIC and passport.
  • July 30, 2019: Prosecution head in high treason case against Musharraf quits.
  • October 8, 2019: Special court decides to hear the high treason trial on a daily basis from October 24.
  • October 24, 2019: The Pakistan Terhreeke Insaf (PTI) government sacks the prosecution team in the high treason case.
  • November 19, 2019: The special court concludes its proceedings in the treason case against Musharraf, saying that a verdict will be pronounced on November 28.
  • November 23, 2019: Former army chief petitions the Lahore High Court (LHC) to challenge the reservation of the judgment in the treason case.
  • November 25, 2019: The case takes a new turn as interior ministry files a petition in the IHC requesting it to set aside the special court’s decision to reserve a judgement in the case without hearing from the prosecution.
  • November 26, 2019: LHC accepts for hearing former president’s petition challenging the special court’s decision.
  • November 27, 2019: IHC stops special court from announcing verdict in Musharraf high treason case.
  • December 2019: Special court says it will announce the verdict in the case on Dec 17. Former army chief moves the LHC to stay the trial at the special court until his earlier petition pending adjudication by the high court is decided.
  • December 17, 2019: Special court hands Musharraf death sentence in the long-drawn high treason case against him.

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