In a double whammy, former dictator Pervez Musharraf was on Monday indicted by a court on five counts of high treason and his plea to travel abroad rejected as he became Pakistan’s first ever military ruler to face criminal prosecution that entails death penalty.
Musharraf, who personally appeared in the special court for the second time since proceedings began in December, pleaded “not guilty” to all the charges against him read out by Justice Tahira Safdar of the Balochistan High Court.
The high-profile treason case against the 70-year-old former president is seen as a setback for the country’s powerful army that apparently looked like moving to protect Musharraf when he was shifted to a military hospital in early January.
Musharraf is accused of treason for suspending, subverting and abrogating the Constitution, imposing an emergency in the country in November 2007 and detaining judges of superior courts.
If found guilty, he faces the death sentence or life imprisonment.
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Reading out from his notes, Musharraf said that he gave 44 years of his life to the Pakistan Army and made defence invincible. He said he gave repute and progress to the country.
“I honour this court and prosecution, I strongly believe in law, I don’t have ego problems and I have appeared in court 16 times in this year in Karachi, Islamabad and Rawalpindi,” Musharraf said.
“I am being called a traitor, I have been chief of army staff for nine years and I have served this army for 45 years. I have fought two wars and it is treason?,” he questioned.
Prosecutor Akram Sheikh in reply said he has never used the word “traitor”.
Amid tight security, the three-judge bench headed by Justice Faisal Arab of the Sindh High Court read out the indictment against Musharraf.
Prior to the indictment, Farogh Naseem, a new lawyer in Musharraf’s defence team, requested the court to allow the former president to travel to the UAE to meet his 95-year-old ailing mother.
Rejecting his application for seeking permission to travel abroad, the special court ruled that it did not have the powers to do so as it was functioning under a specific law.
Musharraf came to power in a bloodless coup in 1999, deposing then-prime minister Nawaz Sharif.
Musharraf, facing impeachment following elections in 2008, resigned as president and went into self-imposed exile in Dubai.
The court ruled that it did not put Musharraf’s name on the Exit Control List (ECL) and a review can be done by the federal government.
Anybody whose name is on ECL cannot leave the country without permission.
The court said Musharraf is not in its custody and he is a free man.
Postponing the hearing to April 14, the court said he will have to appear before it as and when asked to do so.
However, it ruled that exemption can also be granted on specific days in case of a justifiable reason.
Security measures at the court were beefed up in anticipation of Musharraf’s appearance in court, in compliance with an order issued on March 14, demanding his presence enforced or voluntary in the dock.
Musharraf was admitted to the Armed Forces Institute of Cardiology (AFIC), Rawalpindi, on January 2 after he complained of “heart problem” on his way to the court.
Following the hearing, Musharraf was rushed back to the hospital in Rawalpindi accompanied by a security convoy of dozens of vehicles and government-provided security personnel.
The military has ruled Pakistan for about half of its 66-year history and no ruler or top military commander has ever faced criminal prosecution before Musharraf.
Musharraf said the real “ghaddar” (traitor) are those who create hindrances in the country’s socio-economic development and those who looted the national exchequer.
Musharraf in his defence said he had spent night with soldiers in Siachen and Kargil.
He proudly claimed to a former member of the Special Services Group whose moto was “ghazi and shaheed” (to kill or be a martyr).
He also listed out the steps that he had taken for the betterment of the country.
While commenting on the indictment of Musharraf, Cabinet Minister Ahsan Iqbal said Pakistan made another history.
“For the first time trial against a dictator brought him to face charges in court. It is a victory for all those who refused to bow against dictatorship, struggled and sacrificed to uphold the cause of rule of law in Pakistan,” Iqbal said.
Iqbal, in a Facebook message, said Musharraf still showed his contempt for law and cowardice by trying to escape appearances.
“If Mush (Musharraf) had shown courage to appear on first call, he would have saved personal embarrassment and millions of rupees. But if he was so wise, why would he impose emergency in the first place,” he said.