Musharraf high treason case

Federation of Pakistan v. General (R) Pervez Musharraf
CourtSpecial Court of Islamabad
DecidedDecember 17, 2019 (2019-12-17)
Transcript(s)Detailed verdict
Court membership
Judges sittingWaqar Ahmed Seth
Nazar Akbar
Shahid Karim
Case opinions
Decision byWaqar Ahmed Seth
ConcurrenceShahid Karim
DissentNazar Akbar

The Federation of Pakistan v. General (R) Pervez Musharraf, informally known as the Musharraf high treason case, was a court case, in which General Pervez Musharraf who acted in the capacity as chief of army staff, tried for high treason stemming from his imposing of unconstitutional state of emergency on 3 November 2007.[1] In this act, Gen. Musharraf, who was also elected as President of Pakistan, subverted and suspended the writ of the Constitution of Pakistan, dismissing the fifteen justices of the Supreme Court of Pakistan and the fifty-six judges of the provincial High Courts while issuing arrest orders to Chief Justice of Pakistan.[2]

Against this state of emergency, the Supreme Court's registrar filed a lawsuit against the Executive Branch by nominating the president and an army chief as defendant, making the first in Pakistan's political history in which a president and an army chief was to stand in a trial for a treason.[3] A special court formed by the Supreme Court to enquire the events of state of emergency with three judges composed from the Peshawar High Court, Sindh High Court, Lahore High Court, found Gen. Musharraf guilty of high treason, and thereby condemning the defended to sentenced him to death.[4][5]

On 13 January 2020, the Lahore High Court three member bench headed by Mazahar Ali Akbar Naqvi annulled the death sentence.[6]

The Supreme Court of Pakistan after hearing an appeal against the Lahore High Court's verdict held in early 2024 that the Lahore High Court’s judgment was in sheer violation of the judgments and orders of the Supreme Court, and that the High Court's flawed order was set aside for being without jurisdiction and unconstitutional.[7]

On 10 January 2024, the appeal being heard by the Supreme Court of Pakistan was also dismissed and held that the conviction against deceased Pervez Musharraf by the Special Court subsisted.[8]

Consequently, the Supreme Court's ruling declared Pervez Musharraf as having committed high treason, and upheld his conviction for abrogating the Constitution of Pakistan.[9]

  1. ^ Jaffrelot, Christophe (2015). The Pakistan Paradox: Instability and Resilience. Oxford University Press. p. 354. ISBN 9780190235185.
  2. ^ "Pervez Musharraf treason trial: a timeline". The Express Tribune. December 17, 2019.
  3. ^ "Defiant Musharraf breaks silence". www.bbc.com. December 20, 2013.
  4. ^ Asad, Malik (December 18, 2019). "Army dismayed as Musharraf gets death for high treason". dawn.com.
  5. ^ "'State of emergency': A timeline of the long-drawn high treason trial of General Pervez Musharraf". Dawn. December 17, 2019.
  6. ^ Cite error: The named reference High Court annuls was invoked but never defined (see the help page).
  7. ^ "Supreme Court Judgment" (PDF). 4 March 2024.
  8. ^ Bhatti, Haseeb (2024-01-10). "SC upholds ex-military dictator Musharraf's death sentence in treason case". dawn.com. Retrieved 2024-03-05.
  9. ^ "In the Supreme Court of Pakistan" (PDF).

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