-- Musharraf denies treason charges, makes an emotional speech
-- A milestone for civilian authority?
Musharraf is accused of committing treason for suspending, subverting and abrogating Constitution, imposing an emergency on the country in November 2007 and detaining judges of the superior courts. During proceedings, Justice Tahira Safdar read out five charges against Musharraf: Proclamation of Emergency in 2007, issuing Provisional Constitution Order (PCO), Oath of Offices (Judges) Order 2007, Constitution (Amendment) Order, 2007 and Constitution (Second Amendment) Order, 2007.
Musharraf denied treason charges whereas the Special Court dismissed pleas of the accused for travelling abroad, ruling that Musharraf's name had been placed on the Exit Control List (ECL) by the federal government. The court ruled that only the federal government could remove Musharraf's name from the ECL and asked him to appear before the court wherein his counsel could file an application for exemption of his appearance on justifiable grounds.
During the course of hearing, Musharraf sought permission to address the court soon after the bench read out five charges against him and the court allowed him to do so. Addressing the court, Musharraf submitted that he had great respect for the Court and the Prosecution and strongly believed in the supremacy of law and principle of equity and equality in the eyes of the law.
Turning down the impression of inhibition from appearing before the Special Court the former President submitted that no ego issue was there, adding that he had appeared before various courts of law in Islamabad, Rawalpindi and Karachi for 16 times since 2013. Giving reasons for his non-appearance before the Special Court in current matter for sometime, Musharraf said that security issue was one of the major hurdles to appear before the court saying, "I requested that it would not affect me but the people around me".
He further informed the court that another reason was his health that barred him to appear before the court, adding that he was appearing before the court against a medical advice. "I told the doctors that I will appear before the court on my own risk - I have appeared on February 18, 2014 before the court against the advice of the doctors and signed on the discharge certificate," Musharraf contended.
While making his point for the other reason that barred him to turn up before the court, Musharraf submitted that he had been dubbed as traitor in the current case. "Is this the treachery with the country and the nation that he had been chief of army staff of Pakistan for nine years and served for 44 years for the armed forces of Pakistan?" Musharraf asked.
Raising a question before the bench, Musharraf said, "Is this a treason that he had fought two wars and is ready to give his life for Pakistan?" He informed the bench that even Indian generals had also lauded his services for Pakistan, adding that during the war days of 1965 he was given a Gallantry Award.
He raised another question during his address to the Court, saying: "Was it an act of treason to spend time with soldiers in the mountains of Siachen?" He said that during 1999 Pakistan was declared a failed state but his efforts put the name of Pakistan on the list of 11 emerging economies. "I have worked hard for social and infrastructural development in the country so that people of Pakistan can look into the eyes of the world and face it confidently. Is it an act of treason?" Musharraf contended.
However, according to him, a traitor is a person who sells out secrets of a country to others and that a traitor is a person who surrenders before the enemy; but he preferred to sacrifice his life over making a surrender. Musharraf further said that during his tenure total debt of Pakistan was $37 billion which had gone up to $70 billion currently, adding that during the last few years more than $50 billion had been shifted out of Pakistan.
"I am giving a comparison that how the country was looted still Sadiq and Ameens are in the Parliament but the allegation is against me only. I question where is the justice of this country - I've given everything to this country," Musharraf said. Musharraf pleaded that for the first time in the history of Pakistan it was during his regime that country's debt was decreased to $37 billion from $40 billion and dollar-rupee parity reached 1:60, saying under his leadership the country got rid of the IMF by smashing the proverbial begging bowl. Musharraf told the court that Pakistan was facing internal and external threats, saying JF-Thunder, Al-Khalid Tank, missile and nuclear technology, total security to the people, army strategic, command and control system were provided to the country during his eight years in power.
Musharraf showed pride before the court that all the judicial appointment during his tenure were strictly made on merit and claimed that his regime was much better than all those in the past 67 years. While addressing Justice Tahira Safdar, one of the members of the bench, Musharraf said "the Madam Judge" would be fully aware about his regime's mega projects for Balochistan such as Gwadar Port and Coastal Highway. He further said through projects like Katchi canal system a water share was allocated to the Balochistan and nine universities and seven cadet colleges were established in her province.
He submitted that Balochistan was funded more than the province of Punjab during his tenure and said that he brought prosperity to Pakistan and expressed his wonderment that the courts were still holding his trial. Musharraf pleaded that the situation during 2007 had forced him to take an action on the advice of the then Prime Minister, consultation with the Cabinet and consent of all the stakeholders.
"Through all these steps, neither the Constitution was abrogated nor was it subverted," Pervez Musharraf contended. From the outset of the hearing, newly-appointed counsel for Musharraf, Dr Farogh Naseem, submitted his Wakalatnama, saying that he was engaged as his counsel on Sunday night. Dr Naseem requested the bench to grant permission to his client on humanitarian grounds to enable him to go abroad to meet his ailing mother, saying fundamental rights of every individual should be protected; hence the respondent should be allowed to visit his mother.
The counsel also urged the court to allow Musharraf to visit the US for medical treatment in the wake of his cardiac condition; upon which, Justice Faisal Arab observed that the accused himself opted to get treatment at AFIC. However, Dr Farogh submitted that his client was ready to face the trial and would return voluntarily to Pakistan after visiting his ailing mother in the UAE. Responding to the contentions of the defence counsel, Justice Faisal Arab said, "After reading out a charge to the accused we will keep a room for that but first the charge to be read out to the accused". During the course of proceedings, Prosecutor Akram Sheikh said Musharraf's actions were not treason, but 'only subversion of the constitution'. The hearing of the matter was adjourned till April 15.
Agencies add: The International Commission of Jurists hailed the indictment of such a senior military figure as "unprecedented" for Pakistan. "This is an opportunity for Pakistan's judiciary to demonstrate that no-one is above the law and that everyone accused of an offence has the right to a trial that is, and is seen to be, impartial, independent and expeditious," said Sam Zarifi, the group's Asia director.
Monday's hearing was only the second time Musharraf had appeared in person before the court, delaying proceedings and raising speculation of a face-saving deal between civilian and military powers to take him out of the country. Military analyst Ayesha Siddiqa said the question of how far the trial would be allowed to go ahead remained "a big question mark".
"If the military and civilian (leaders) are not on the same page in how far you can go, you will have instability," she said. Musharraf came to power in a bloodless coup in 1999, deposing then-prime minister Nawaz Sharif, who won re-election in 2013 when Pakistan underwent the first civilian handover of power since its independence from Britain in 1947.
Facing impeachment following elections in 2008, Musharraf resigned as president, going into self-imposed exile in Dubai. He returned to Pakistan in March last year on an ill-fated mission to run in the general election. The progression of the case so far is a victory for the increasingly independent judiciary. Judges are increasingly challenging the fledgling civilian government, led by Prime Minister Nawaz Sharif, and even the powerful Pakistan military, which has ruled Pakistan for more than half its history since independence in 1947.
Musharraf has warned the trial could anger the army, but military leaders have given no indication they might intervene. The former head of state has faced a battery of court cases since he returned home from exile last year, intending to contest May elections.
Instead, he found himself charged in a series of murder and treason cases. He is on bail for all except the treason case, which has faced repeated delays since it began in December. First he refused to appear. Then a series of explosive devices was found to have been planted along his route. In January, he was taken to hospital when he suffered chest pains on the way to court.
Musharraf's lawyers have challenged the court's jurisdiction, saying it was inherently biased because the judiciary had helped lead popular protests that led to his resignation in 2008. They argue that Musharraf cannot receive a fair trial under the government of Sharif, who won landslide elections a year ago. Musharraf deposed Sharif in a coup in 1999. Musharraf said his attempts to extend his rule were made in consultation with the cabinet and agreed to by the government. None of them is on trial with him, he pointed out.