The petitioner, Taufiq Asif, prayed that Musharraf should be tried under Article 6 for abrogating the constitution of Pakistan. Article 6 of the Constitution stipulates as; "High treason -[(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.] (2) Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. [(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.] (3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason". Accordingly, the High Treason (Punishment) Act, 1973 provides that high treason is punishable with death penalty or life imprisonment. The procedural portion of the Act notes, "No Court shall take cognisance of an offence punishable under this act except upon a complaint in writing made by a person authorised by the Federal Government in this behalf".
High treason: Supreme Court decides to hear petition
- News Desk
- Apr 6th, 2013
- Comments Off on High treason: Supreme Court decides to hear petition
The petitioner, Taufiq Asif, prayed that Musharraf should be tried under Article 6 for abrogating the constitution of Pakistan. Article 6 of the Constitution stipulates as; "High treason -[(1)Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.] (2) Any person aiding or abetting [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. [(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.] (3) [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason". Accordingly, the High Treason (Punishment) Act, 1973 provides that high treason is punishable with death penalty or life imprisonment. The procedural portion of the Act notes, "No Court shall take cognisance of an offence punishable under this act except upon a complaint in writing made by a person authorised by the Federal Government in this behalf".