-- PM says Musharraf 'should face trial for treason'
-- Announcement ends months of speculation
-- Situation gets more confusing - and dangerous
The opposition parties welcomed the Prime Minister's announcement and said that they would support every constitutional step towards strengthening democracy and benefiting the country. The opposition also appreciated the Prime Minister for taking the Parliament into confidence over the decision. The Prime Minister said, "The federal government will proceed in accordance with the law and also take political forces into confidence through a consultative process, so that the collective will and wisdom of the people of Pakistan is duly reflected in future process in this behalf."
He said the federal government in line with Supreme Court's decision and Sindh High Court verdict firmly subscribed to the view that holding the constitution in abeyance on November 3, 2007 was an act of high treason under Article-6 of the constitution. The Prime Minister said that Musharraf would be held accountable for subverting the Constitution of Pakistan, stopping judges of higher judiciary from working through illegal orders and taking unconstitutional step of imposing emergency on November 3, 2007.
The Prime Minister said the government was committed to upholding the supremacy of constitution at all costs and would implement and respect all judgements of superior court. He said the Prime Minister was under oath to preserve, defend and protect the Constitution, adding that the Senate through a unanimous resolution also endorsed the viewpoint of federal government.
He said that Musharraf abrogated the constitution twice without any lawful reason ie, on October 12, 1999 and again on November 3, 2007. He said Musharraf toppled an elected government, which had a heavy mandate of the people, on October 12, 1999. "In 1999 country was on its way to progress and nothing was abnormal when the dictator dissolved the government," Nawaz Sharif said. The Prime Minister said the Parliament did not give indemnity to Musharraf's action of imposing emergency on November 3, 2007 despite pressure. "Musharraf will have to answer for his guilt before the court," Nawaz said.
ARTICLE-6 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.
Opposition Leader Syed Khurshid Ahmed Shah welcomed the step taken by Prime Minister and said that his party would support government's stance on November 3, 2007 action of Musharraf. He said, "The dictators who declared the constitution as piece of paper and violated its sanctity, will be made accountable under the same constitution."
Khurshid said portraits of all the dictators should be removed from the democratic institutions and urged the government to move a resolution in the House in this regard to send a clear message to such forces that this will not be allowed in future.
Pakistan Tehrik-e-Insaf (PTI) Deputy Parliamentary Leader in the National Assembly Shah Mehmood Qureshi said his party would support the government on every constitutional step. "If we want to see democratic institutions flourishing we will have to follow the principles pertaining to supremacy of rule of law," he said.
He said his party would support all positive measures of the government taken for strengthening democracy and supremacy of the constitution. He also appreciated the Prime Minister for taking the Parliament into confidence in this regard. Pakhtunkhwa Milli Awami Party (PkMAP) Chief Mehmood Khan Achakzai appreciated the decision of the government and said that "today is the beginning of a new era in the country."
"It is not victory or defeat of any institution. Every institution should work by staying within its ambit. Anybody should not taunt others in this regard. We have not defeated the military, but we want to the country as other democracies in the world. We want to see our military and intelligence agencies be considered the best institutions in the world," he said. Sahibzada Muhammad Yaqoob of Jamaat-i-Islami (JI) said that his party would support all the positive measures of the government.
Sheikh Rashid said that the people of Pakistan have given heavy mandate to the PML-N and resolving the pressing issues of common man should be the government's first priority. He said instead of invoking article 6 from November 3, 2007 the government should impose it from October 12, 1999.
Abdul Waseem of MQM said that all those who had violated the constitution should be brought to the justice and stressed the need for taking concrete measures to stop dictators from derailing democracy. Aijaz-ul-Haq said that democracy was the way to lead the country towards good future as he also demanded action against supporters of Martial Laws as well as civil martial law administrators.
AFP adds: Pakistan's new government said Monday it would put former military ruler Pervez Musharraf on trial for treason, charges punishable by death or life imprisonment. The retired general, who returned from four years of self-imposed exile in March, has been under house arrest at his villa on the edge of Islamabad since April 19.
He is fighting a series of cases dating back to his 1999-2008 rule, which began when he seized power from then prime minister Nawaz Sharif, who returned to office this month after winning landmark elections. "Musharraf's actions came under the purview of high treason," Prime Minister Nawaz Sharif told parliament. "He should face trial... and will have to answer for his guilt before the court," he added.
The attorney general delivered the same statement on behalf of the government in the Supreme Court, where a treason trial can be initiated only by the state. Pakistan's highest court has for months been hearing a petition from lawyers demanding that Musharraf be tried for treason for subverting the constitution by imposing emergency rule and sacking judges in 2007.
Before May 11 general elections swept Sharif back to power, a caretaker government had refused to initiate the trial against Musharraf, saying it was beyond its mandate and up to the new, elected government. Sharif did not mince his words. "Musharraf violated the constitution twice.
He overthrew an elected government in 1999 and put everything into jeopardy. He sacked judges and imprisoned them," said Sharif. "We will follow the process of law and all political forces will be taken into confidence," he added. The position will complicate the chances of a quiet deal that Musharraf's legal team had hoped would allow him to win bail and quietly leave the country.
It could also put the civilian government at loggerheads with the powerful army, which vehemently opposes the prospect of its former chief facing the courts in Pakistan. But it was welcomed by the two main opposition parties, Pakistan People's Party (PPP) and Pakistan Tehrik-e-Insaf (PTI) led by politician Imran Khan.
"This house should have another resolution against all dictators so that no one can cast an evil eye on this house," said Syed Khurshid Shah, PPP opposition leader in the national assembly. PTI's Shah Mehmood Qureshi said his party would support the prime minister on "every move towards supremacy of the constitution and law."
Musharraf faces three other cases dating back to his rule. He has won bail for sacking judges and in connection with the 2007 murder of former Prime Minister Benazir Bhutto, but remains under house arrest over the 2006 killing of a Baloch rebel leader. He is serving his house arrest at his luxury villa in the upmarket suburb of Chak Shahzad on the edge of Islamabad. He is currently barred from leaving the country.