38.6c New Delhi, India, Tuesday, May 21, 2024
International

Musharrf Death Sentence Overturned, Legal Process Itself Found To Be Unconstitutional

By LawStreet News Network      14 January, 2020 10:01 PM      0 Comments
Musharrf Death Sentence Overturned, Legal Process Itself Found To Be Unconstitutional

The Lahore High Court on Monday (January 13, 2019) in a Pakistani case has turned down the death sentence awarded to the former President Pervez Musharraf. Gen Musharraf had challenged the formation of special court itself which had found him guilty of treason last December by declaring the legal process unconstitutional. 

  • Incidents which led to his conviction:

Former General is living in exile and even after multiple orders he has refused to appear before court in Pakistan. He had seized power from a democratic government led by his old rival Nawaz Sharif in a 1999 coup and became president from 2001 to 2008. In November 2007, he suspended the constitution and imposed emergency rule. He resigned in 2008 to avoid the threat of impeachment which was imminent after the nationwide protest in the after math of emergency. The present case of treason was initiated in March 2014 by Nawaz Sharif after he again became Prime Minister in 2013. 

The Constitution of Pakistan prescribes the death penalty for person charged with high treason. 

Earlier order of lower court handing over death penalty was strongly criticised by both the military and the current government. But then also the death penalty was highly unlikely to be carried out. Currently he is receiving medical treatment in Dubai. 

Government prosecutor had argued that the formation of penal to initiate trial against former military ruler was unconstitutional. Following are the words of prosecutor. 

The filing of the complaint, the constitution of the court, the selection of the prosecution team is illegal, declared to be illegal... And at the end of the day the full judgment has been set aside”. 

In an unusual word, lower court judgement said that even if he is dying before he can be executed, "his corpse (should) be dragged to D-Chowk, [outside parliament in] Islamabad, Pakistan, and be hanged for three days". It had created furore in the Pakistan and government had proceeded to disbar the penal’s head judge as it is well-known that the military maintains strong influence and senior officers of the military are often considered immune from prosecution.

The prosecution as next step can now file a new case against Musharraf with the approval of the federal Cabinet.

Author: Parth Thummar



Share this article:

User Avatar
About:


Leave a feedback about this
TRENDING NEWS

cannot-allow-the-game-of-hide-and-seek-for-committing-murder-of-an-unborn-child-mp-high-court
Trending Judiciary
Cannot Allow the Game of Hide and Seek for Committing Murder of an Unborn Child: MP High Court [Read Order]

MP High Court denies abortion for minor rape victim, condemns misuse of legal authority to terminate pregnancy and prevent justice.

20 May, 2024 03:52 PM
pune-porsche-hit-and-run-bail-granted-to-17-year-old-in-under-14-hours-asked-to-write-essay
Trending Judiciary
Pune Porsche Hit & Run: Bail Granted to 17 Year Old in Under 14 Hours, Asked to write essay

Bail granted to 17-year-old in Pune Porsche hit-and-run case within 14 hours. Conditions include educational tasks, supervision, and counseling. Incident killed two.

20 May, 2024 04:30 PM

TOP STORIES

sc-rebukes-ima-chief-rejects-apology-for-remarks
Trending Judiciary
SC rebukes IMA chief; rejects apology for remarks

SC rebukes IMA chief R V Asokan; rejects his apology for remarks against the court in contempt proceedings involving Baba Ramdev and Patanjali's MD Acharya Balkrishna.

15 May, 2024 11:02 AM
cant-allow-parole-for-having-procreation-with-live-in-partner-delhi-high-court
Trending Judiciary
Can't allow parole for having procreation with live-in partner: Delhi HC [Read Order]

Delhi HC denied parole for a convict seeking procreation with a live-in partner, stating it would set a harmful precedent, considering his legal marriage and children.

15 May, 2024 12:19 PM
sc-declares-arrest-of-newsclicks-editor-in-chief-prabir-purkayastha-as-invalid
Trending Judiciary
SC declares arrest of Newsclick's Editor-in-Chief Prabir Purkayastha as invalid

SC declares Newsclick Editor-in-chief Prabir Purkayastha's arrest invalid. He was detained in October 2023 under UAPA for alleged pro-China propaganda. SC orders release.

15 May, 2024 12:30 PM
sc-declines-to-entertain-plea-for-direction-to-ec-to-act-against-pm-bjp-leaders
Trending Judiciary
SC declines to entertain plea for direction to EC to act against PM, BJP leaders

SC rejects plea seeking Election Commission action against PM and BJP leaders for alleged hate speeches during elections.

15 May, 2024 12:55 PM

ADVERTISEMENT


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email