Most unexpected but significant things are happening in Pakistan. In the history of Pakistan, it was for the first time former army chief and ruler of the country - Pervez Musharraf – has been sentenced to death after being found guilty of high treason. Such ruling was unthinkable. But the ruling delivered on Tuesday did not go well with the army and also Prime Minister Imran Khan-led government. Imran Khan government plans to remove Chief Justice of Peshawar Waqar Ahmed Seth, an author of the verdict, through Supreme Judicial Council, for his certain remarks.
Pakistan’s various parties have welcomed the ruling. They see it as a triumph of judicial power over army power. It is also seen as a victory of independence of the judiciary. There was also tension, recently, after Supreme Court of Pakistan (SCP) struck down a three-year extension given to Army Chief General Qamar Bajwa. Finally, after new notification was issued SCP granted a six-month conditional extension to General Bajwa last month.
The armed forces through its media wing Inter-services Public Relations (ISPR) have expressed unhappiness over the judgement. It said, “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.” It 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.”
Musharraf was found guilty for suspending Pakistan’s constitution on November 3, 2007 and imposing a state of emergency. The special court comprised Waqar Seth, Justice Nazar Akber of Sindh High Court and Justice Shahid Karim of Lahore High Court. The detailed verdict was released on Thursday. It says, “A dictator stays in power only as long as he manages to subvert the will of his people”. The verdict notes, “We direct the law enforcing agencies to strive their level best to apprehend the fugitive/convict and to ensure that the punishment is inflicted as per law and if found dead, his corpse be dragged to the D-Chowk, Islamabad, Pakistan and be hanged for 3 days.” The hanging at the chowk is a medieval barbaric act and Taliban used to execute people on the street or stadium. Musharraf resigned in 2008 to avoid the threat of impeachment.
Such language is obviously against the modern and human values. Many countries have either abolished or not implementing capital punishment. Even in Pakistan, after the hanging of Zulfiqar Ali Bhutto when Benazir Bhutto came to power, she initiated a process of abolishing execution. She had assigned the work of drafting a law to law secretary Nasir Aslam Zahid. But, before she could make it a reality, she was toppled by the army. There was a moratorium on the hanging in Pakistan from 2008 to 2011. There was only one execution in 2012 and none in 2013. Pakistan again started capital punishment after Tehrik e-Taliban attacked Peshawar Armed Public School on December 16, 2014, and killed 149 students and staff members.
The detailed verdict is of 169 pages. The trial took six years and more than 100 hearings were held. Justice Nazar Akber gave a dissenting judgement saying the former military ruler should be awarded life imprisonment for imposing emergency and confining over 60 judges to their houses. Attorney General Anwar Mansoor Khan said that the ruling was unconstitutional, unethical, inhuman, and was given by an individual whose sanity is questionable. Pakistan’s Information Minister Firdous Ashiq Swan commented, “The government’s legal team has found gaps and the weaknesses in the verdict.” Musharraf’s party All Pakistan Muslim League also criticised the ruling saying the verdict is “unconstitutional inhuman verdict by a special court.”
In 2016, Musharraf travelled to Dubai after a travel ban against him was lifted. Since then he is living there. Despite multiple court orders, Musharraf has refused to appear before the court. The ruling is not the end. He can challenge the verdict and he has decided to challenge it.
Independent judiciary is essential for the success of democracy. In Pakistan, where the army is more powerful, the judiciary needs to play a pro-active role. But, human values and dignity must be in the centre.