Pakistan HC annuls Pervez Musharraf’s death sentence, says special court formation ‘unconstitutional’

ISLAMABAD: The Lahore high court declared on Monday as "unconstitutional" the formation of a special court that had awarded the death sentence to former military ruler General Pervez Musharraf last month after finding him guilty of

treason

. The death sentence, therefore, stands voided, according to both the federal government and Musharraf's lawyer.

Musharraf had challenged the special court's decision in the Lahore high court on December 27, 2019, stating that the verdict was a mix of anomalies and contradictory statements. The former dictator had also said in his review plea that the treason trial against him was hurriedly wrapped up.

The high court decision, according to Musharraf's counsel, means that he is now a free man.

Musharraf was sentenced to death in absentia by a special court in Islamabad on December 17, 2019, six years after the trial began. The case was filed by the previous Pakistan Muslim League-Nawaz government against Musharraf for imposing emergency in the country on November 3, 2007.

In a unanimous verdict, a three-member bench of the Lahore HC headed by Justice Syed Mazahar Ali Akbar Naqvi ruled that the treason case against Musharraf was not prepared in accordance with the law.

Additional attorney general Ishtiaq A Khan appeared on behalf of the government and presented a summary and record of the special court's formation. "The complaint was not filed according to law. The special court which convicted Musharraf was formed without the approval of the cabinet as required after the 18th Amendment to the Constitution," the AAG said during the hearing of the petitions.

Musharraf's counsel, Azhar Siddiq, also pointed out that "not only was the complaint illegal, the formation of the special court and the subsequent verdict were also not in accordance with law".

During the proceedings, the court said that the act of declaring an emergency was not equal to "suspending or abrogating" the constitution, with one judge saying there were existing provisions for "emergency". The bench also noted that if emergency rule was imposed under Article 232 of the constitution - which allows the President of Pakistan to declare a state of emergency - it would be in accordance with the constitution.

Musharraf's high treason verdict was met with condemnation from both the PM Imran Khan-led Pakistan Tehreek-e-Insaf (PTI) and the country's armed forces. The government had pledged to help the former dictator's appeals process, while the spokesman of the

armed forces

had questioned how a professional soldier who had fought several wars for Pakistan could be declared a "traitor".