Imtiaz Ahmad
letters@hindustantimes.com
Islamabad : A Pakistani court on Tuesday sentenced former military ruler Pervez Musharraf to death on charges of high treason and subverting the Constitution in a case related to the emergency he imposed in 2007, a move that comes as a major embarrassment for the army high command.
This is the first time in Pakistan’s history that a former army chief has been sentenced to death. The powerful army, usually considered immune from prosecution, expressed its opposition to the verdict and said Musharraf can “never be a traitor”. The Imran Khan government said it would review the special court’s decision.
Musharraf, 76, was sentenced in absentia as he has been in self-imposed exile since a travel ban was lifted in 2016 to allow him to seek medical treatment abroad. The treason trial began in 2013 and is one of several cases related to the state of emergency from November 2007 to February 2008, when all civil liberties, human rights, and the democratic process were suspended.
The former president, who was born in Old Delhi, has been living in Dubai and is said to be very ill and unlikely to travel home to face the sentence. Pakistan and the UAE have no extradition treaty and Dubai authorities are unlikely to arrest him.
The special court said in a summary that it analysed complaints, records, arguments and facts, and reached a majority verdict, with two of the three judges giving the decision against Musharraf.
The military’s media arm said the verdict has been received “with a lot of pain and anguish by rank and file of Pakistan Armed Forces”. It added: “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 further said the “due legal process seems to have been ignored, including constitution of the special court, denial of fundamental right of self defence, undertaking individual specific proceedings and concluding the case in haste”.
It added that Pakistan’s armed forces “expect that justice will be dispensed in line with the Constitution”.
Musharraf would have the right to challenge his sentence if he returns to Pakistan, where the military maintains a strong grip on power and has ruled the country for half its 72-year history. The case was heard by a bench comprising justices Waqar Ahmad Seth of the Peshawar high court, Shahid Karim of the Lahore high court and Nazar Akbar of the Sindh high court.
Death sentence puts Musharraf’s legacy over India-Pak ties in focusILLUSTRIOUS PAST Former Pakistan president will always be remembered for his role in addressing relations with India
Imtiaz Ahmad
letters@hindustantimes.com
Islamabad : Former Pakistan president Pervez Musharraf will be remembered in the context of India-Pakistan relations as much for his four-point formula for settling the Kashmir issue as his foolhardy attempt to internationalise the matter through the intrusion in the Kargil sector of the Line of Control (LoC).
Musharraf, who was sentenced to death by a special court on Tuesday on charges of high treason, is remembered fondly by many Pakistanis for reviving the country’s economy and his bold initiatives in domestic policy.
During his tenure, Pakistanis saw an increase in economic activity on the back of low interest rates which led a boom in the real estate sector and consumer spending. Most Pakistanis were unaware that much of this largesse came from American aid as a result of the partnership in the post 9/11 scenario.
Musharraf also made bold foreign policy moves, including his overture to India to resolve the Kashmir issue through a four-point formula.
It envisaged demilitarisation along the LoC by scaling down the number of troops on both sides of the ceasefire line, free movement of people across the LoC, local self-governance or greater autonomy in both parts of Kashmir without independence and a joint supervision mechanism involving both countries and the Kashmiris.
The formula was drawn up in the wake of Musharraf’s efforts to internationalise the Kashmir issue through the Kargil campaign in 1999, when Pakistani troops occupied strategic heights along the LoC and triggered a conflict with India.
Though Pakistan initially claimed mujahideen were responsible for occupying the heights, Musharraf subsequently acknowledged in his autobiography In The Line Of Fire that regular troops were part of the operation.
Analysts say it was Musharraf’s overconfidence that eventually led to his downfall. His deal with politicians to wipe away their past sins under the controversial National Reconciliation Ordinance (NRO) did not go down well with the military establishment.
Musharraf’s troubles started in 2007, after he tried to sack sitting Chief Justice Iftikhar Chaudhry, who started hearings into “missing persons” or victims of enforced disappearances, causing unease to the military.
Despite different initiatives, it was his troubled attempts at gaining political recognition that led to his downfall.
Once in power, former prime minister Nawaz Sharif went after Musharraf in response to how he was treated when he was ousted from power by the former army chief in 1999.