ISLAMABAD — Pakistan’s caretaker government told the Supreme Court on Monday it will not file treason charges against former military ruler Pervez Musharraf but will leave the decision on that to the winner of the upcoming election.
The petitions before the Supreme Court alleging Musharraf committed treason while in power constitute just one of several legal challenges he is facing following his recent return to Pakistan from self-imposed exile.
The former military strongman was placed under house arrest over the weekend in connection with a different case, which involves his decision to fire senior judges while in power.
Musharraf’s detention was the latest in an array of setbacks he has faced since returning home last month with hopes of making a political comeback.
Lawyers have filed private petitions before the Supreme Court alleging Musharraf committed various treasonable offenses, including toppling a civilian government, suspending the constitution and declaring a state of emergency.
But according to Pakistan’s constitution, the government is the only one with authority to file treason charges against Musharraf.
Attorney General Irfan Qadir submitted a statement to the Supreme Court on Monday, saying caretaker officials have decided not to file treason charges because it was not part of their mandate.
The caretaker government should avoid controversial matters that are not reversible by the winner of the May 11 parliamentary election, Qadir said. Instead, he added, caretaker officials are focused on routine matters, such as ensuring security for the upcoming election.
However, Law Minister Ahmer Bilal Soofi indicated that caretaker officials would not defy the Supreme Court if the judges ordered the government to act.
“At present all the focus, the attention is on the election arrangement,” Soofi told reporters in Islamabad. “But we will be ready to proceed according to what the court asks us to do.”
The interim government took over last month and will hold power until a new government is formed after the vote.
At this point, it’s unclear how the next government will choose to proceed in the case of treason charges against Musharraf.
The front runner to become the next prime minister is Nawaz Sharif, who was toppled by Musharraf in a military coup when he was serving as premier in 1999.
Musharraf held power for nearly a decade until he was forced to step down in 2008 because of growing discontent with his rule. He returned despite Taliban death threats and an array of legal challenges.
But upon his homecoming, Musharraf encountered paltry levels of public support and was disqualified to run in the upcoming election because of his actions while in office.
Things got even worse last week, when Musharraf fled a court in the capital Islamabad to avoid arrest after a judge rejected his bail and ordered his detention. The arrest order was connected to Musharraf’s decision in 2007 to dismiss senior judges, including the chief justice of the Supreme Court, apparently out of concern that they would challenge his re-election as president.
Musharraf was eventually placed under house arrest at his heavily guarded compound on the outskirts of Islamabad until the next hearing on May 4.
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Associated Press writer Asif Shahzad contributed to this report.
Musharraf the Honourable Option
Posted by admin in Commentary on November 22nd, 2013
Musharraf the Honourable Option
By
Inam Khawaja
It may be recalled that in October 2007 there was a case in the Sindh High Court regarding the legality of Musharraf fighting the election for President in uniform. There was a strong possibility of a verdict against Musharraf. It has been speculated that the Emergency was declared to basically put out of action about sixty Judges of the Superior Judiciary to ensure election in uniform. It may be noted that the ‘grave condition’ prevailing were put right with wave the baton in little over a month and the Emergency was lifted on December 15, 2007.
Musharraf’s spokesperson has stated that all the people involved in the November 3rd 2007 “Emergency” will be named by Musharraf. An Army Officer is expected to be a gentleman – a man of honour. The honourable thing to do is to stand upright and take full responsibility for one’s actions rather than putting blame on one’s colleagues. In fact an honourable person would actually absolve them from any blame. The Supreme Court in its July 31, 2009 Judgment declared that declaring emergency on November 3, 2007 and his subsequent orders (under the emergency) unconstitutional, ultra-vires of the Constitution consequently being illegal and of no legal value as a result. One wonders as to what defence can be put up. Since the act was reprehensible a gentleman and a man of honour would admit his mistake, apologise and seek forgiveness and mercy from the Tribunal, the Army and the people of Pakistan. This is the Honourable Option for Musharraf.
All members of the Armed Forces at the time of commissioning take the oath given in Article 44 of the Constitution which states; “I ———– , do solemnly swear that I will bear true faith and allegiance to Pakistan and uphold the Constitution of the Islamic Republic of Pakistan — “ Musharraf has broken this oath twice. As a Muslim he should repent, seek Allah’s forgiveness and pay the penalty prescribed for breaking one’s oath (refer Al-Maida 5-89).
If Musharraf exercises this option it is very difficult for the Tribunal and the Prime Minister not to forgive and be merciful.
November 20, 2013
Gen (R) Musharraf, Pervez Musharraf Criminal Charges
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