Treason Charges and Death Sentence for Musharaf: Analysis

[Indus Pakistan]

Agreed, but in this case, NS is also guilty for not allowing the plane to land in Pakistan.

this is just a boody game of power, these a** h***s dont have a single second to work for the nation

Well said. That day in the skies above Pakistan in 1999 the drama that was played out had nothing to do with people of Pakistan. Nothing. It did not relate to policy or business of the state. But two cnuts with a personal grudge against each other. Which itself was fallout of the failed Kargil project. Each blamed the other. Had it succeded both would have been fighting to grab the credit but because it failed both were trying to dump the blame on the other. The escalated into the drama over the skies. Both used their respective offices of the state to scew each other.

Today Mush should face treason for 1999. Simple. Nawaz for blocking a flight for political reasons and thus endangering the lives of 100s of passengers who became hostages to the drama.

 

[Verve]

Let me frame it for you:

The Laws and practices of Pakistan can not above/different from Quran and Haddith.

This is what all MarasiPoliticalParties claim....

In Islam crime can NEVER be time-barred... that corrupt judge Qazi Issa dismissed plea for Hudabia PaperMills...

Crime is in Islam is NEVER Time Barred... otherwise, why there should be Day of Judgement?

This Constituition is against Quran!

Also, all these MarasiPoliticoz keep calling MarasiParliment to be supreme...

Only Surpreme is Allah and his Book.... how can EconomicTerrorist be supreme then???

The problem is JudicialMaffia which has become Law onto itself... and this needs to be stopped. Or the PakState will collapse...

Example: Mian Mansha has stay order in LaWhore HighCourt for more than 10years...

Please, read about what The Prophet PBUH has said about State and State resources to whom it belongs..

Now after that look at 18th Amendment... try to logically convince me that it is according to Quran and Haddith!

@The Eagle @PakSword @Dubious @Reddington @RIWWIR @Khafee @Signalian @Oscar

I'm in complete agreement with you. This Constitution is against Quran!

 

[Saifullah]

I'm in complete agreement with you. This Constitution is against Quran!

Musharraf did against the teachings of Quran as well selling the nation, killing the people of Pakistan and allow others to do that as well without any remorse. By Quran he very well Deserves the Title of Traitor and punishment of death, along with politicians and Establishment.

 

[Wrath]

The role of 18th amendment in the constitution of Pakistan.

PMLN and PPP in cahoot to trap Musharaf carried out some addition to the article 6 of the constitution.
There should be absolutely no doubt in anyone's mind that the changes were brought specifically to trap Musharaf.

The changes done to the article 6 clause 1 through 18th amendment;

1973 (original) article 6:

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

The new Section 1 after 18th Amendment:

6. High treason.—1[(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.]


We can notice that the words and conditions of "Suspends or holds in abeyance" were added to the section 1 of Article 6 of Pakistani constitution.

(2) Any person aiding or abetting 2[or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason.

the words " or collaborating"added to section 2 of article 6.

The changes to section 1 of Article 6 were Musharaf specific. It was a trap set for Musharaf, albeit illegally.

I explain you why.


1. Section 4(i) of the Constitution (Eighteenth Amendment) Act, 2010 (10 of 2010), substituted the said clause, in its present form, (w.e.f. April 19, 2010), in place of the clause (1) of Art. 6, as adopted in 1973, that read :

(1) Any person who abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason.

We can notice that the 18th amendment wording, i.e. the two offences added, ""Suspends or holds in abeyance" are enforced w.e.f April 19, 2010.

The said breach of Article 6 (1) by Musharaf took place on 3rd of November 2007, when suspension of the constitution was not an offence.

Thus, it is illegal to apply a law or article of the constitution retrospectively.
Musharaf is not guilty of treason under the constitution of Pakistan at the time it took place.

Now the question the Pakistanis should ask from their judiciary, why these judges have passed such judgement against Musharaf!!

We can understand Nawaz and PPP's compulsions to take revenge from Musharaf.
But what revenge judiciary is taking from Musharaf!!
Did he paid for his actions against CJ Iftikhar Chaudhry!!

Why CJ Khosa was so keen that this judgement is passed before his retirement!!
Very dangerous questions my friends. Very dangerous.
Things are not as simple as they look.
I will ask everyone to think hard, what games are played against all of us.

Can I use your analysis , on social media ? Without your name ! .

 

[Jungibaaz]

Musharraf validated his dictatorship and his high treason of 1999 by PCO. And subsequent PCO judges case nullified ANY and ALL court rulings during his tenure (dictatorship) that validated his actions.

The court chose the 2007 emergency, and I wish they had instead gone after the 1999 coup instead. Since the latter was clearly a more egregious case of high treason. But in both cases he removed judges and the constitution and had judges take oaths on him and not on the constitution.

Musharraf’s defence (current military leadership sponsored) tried to postpone the case. Tried to make the argument that ALL colluders in the unconstitutional actions, including Kiyani and senior judges should be tried too. They also for years made the argument that he cannot come back as he is ill, which is no doubt true. But the special court was told that they can continue the trial in absentia (without Musharraf present), which I think is fair given that it’s essentially an open and shut case for any judiciary in the world, there’s no doubt over his guilt, and they said that Musharraf and Musharraf only will be made the subject, not xyz persons, which is fair enough again.

If you want to debate technicalities of why he was tried over 2007 emergency vs 1999 coup, or make the argument that case was in absentia... these are technicalities that the defence will use to appeal after Khosa leaves. But, there is no doubt that Musharraf is a traitor, and that he did, multiple times and in multiple settings, commit high treason as defined in article 6.

There is no ambiguity on his guilt. He is guilty of high treason, one hundred percent.

Rest is just technicalities and army sponsored defence and pressure trying to save one of their own.

 

[Verve]

Musharraf did against the teachings of Quran as well selling the nation, killing the people of Pakistan and allow others to do that as well without any remorse. By Quran he very well Deserves the Title of Traitor and punishment of death, along with politicians and Establishment.

Are you the Shariah Court?

Impose Shariah Law first and then put Musharaf on trial - I have no issues with that.

 

[Jungibaaz]

Also, just because the state (PTI government) has backed off from the case, doesn’t compel courts to close or not proceed further.

He is guilty and he deserves it, and I’m glad we’ve got some justices like these who are upholding the constitution and taking on those who think they should be above the law.

 

[Verve]

Musharraf validated his dictatorship and his high treason of 1999 by PCO. And subsequent PCO judges case nullified ANY and ALL court rulings during his tenure (dictatorship) that validated his actions.

The court chose the 2007 emergency, and I wish they had instead gone after the 1999 coup instead. Since the latter was clearly a more egregious case of high treason. But in both cases he removed judges and the constitution and had judges take oaths on him and not on the constitution.

Musharraf’s defence (current military leadership sponsored) tried to postpone the case. Tried to make the argument that ALL colluders in the unconstitutional actions, including Kiyani and senior judges should be tried too. They also for years made the argument that he cannot come back as he is ill, which is no doubt true. But the special court was told that they can continue the trial in absentia (without Musharraf present), which I think is fair given that it’s essentially an open and shut case for any judiciary in the world, there’s no doubt over his guilt, and they said that Musharraf and Musharraf only will be made the subject, not xyz persons, which is fair enough again.

If you want to debate technicalities of why he was tried over 2007 emergency vs 1999 coup, or make the argument that case was in absentia... these are technicalities that the defence will use to appeal after Khosa leaves. But, there is no doubt that Musharraf is a traitor, and that he did, multiple times and in multiple settings, commit high treason as defined in article 6.

There is no ambiguity on his guilt. He is guilty of high treason, one hundred percent.

Rest is just technicalities and army sponsored defence and pressure trying to save one of their own.

So you have no issues with half arsed / incomplete application of Article 6?

On one hand you talk of Constitution yet on the other you are okay with unconstitutional acts of judges in running this case.

And you are a TT! Wow!

I’m glad we’ve got some justices like these who are upholding the constitution

Your bias has made you blind.

What the judges did was unconstitutional. Total disregard for both Article 6 and Article 10!

Desi Liberals are hypocrites of high caliber!

 

[Xestan]

Supreme Court had already declared that the 2007 emergency was 'Martial Law' and that's the basis of this conviction. The constitution was not just violated, but put in abeyance. A soldier whose very official existence is the result of the oath of the constitution, forced Judges to either take oath on him or get lost.

Army is trying to defend an individual, who is head of a bloody political party, it's just disgraceful.

Your bias has made you blind.

What the judges did was unconstitutional. Total disregard for both Article 6 and Article 10!

Desi Liberals are hypocrites of high caliber!

So, what Musharraf did, was constitutional, right?

 

[Verve]

Supreme Court had already declared that the 2007 emergency was 'Martial Law'

The same judges validated the 1999 coup too, for their perks and privileges. Hypocrites.

 

[Saifullah]

Are you the Shariah Court?

Impose Shariah Law first and then put Musharaf on trial - I have no issues with that.

Nah brother i can't it's not good for THE STATE of Pakistan there will be unrest but The thing is Musharraf is Traitor in this state and your imaginary state as well.
Quran k sahra khatam ho gia. Next try Qouam k ala mofaad mn ya faisala galta ha.

Yahan jis ki dukan par baat atti ha wo kehna shoro ho jata ha k unrest ho jaye gi, Mulk k aala mufaad k lye sab kuch keya.

Pakistaniyon ko Moli gajar samjha hoa ha jis ka Dill karta ha khud b marwata ha or dosron ko saath laga k marta ha.

Go a bit ahead and say Kayani as well as Yahya were heroes as well, you might as well put Politicians and Establishment as well in that Hero-ness.

 

[Verve]

So, what Musharraf did, was constitutional, right?

Case should have been on 1999 coup and all those who validated it should have been made part of it.

2007 emergency was a fight between Gov and Judiciary. Real case should have been on 1999.

 

[Xestan]

The same judges validated the 1999 coup too, for their perks and privileges. Hypocrites.

Nope. Not the same judges. The Parliament gave it legality with a constitutional amendment. Also, if you know any ABC of our law, Supreme Court's larger bench can override an earlier decision, and even though 1999 was not touched, 2007 was declared martial law, for which the usurper Musharraf has been handed capital punishment.

 

[Verve]

Nah brother i can't it's not good for THE STATE of Pakistan there will be unrest but The thing is Musharraf is Traitor in this state and your imaginary state as well.
Quran k sahra khatam ho gia. Next try Qouam k ala mofaad mn ya faisala galta ha.

Yahan jis ki dukan par baat atti ha wo kehna shoro ho jata ha k unrest ho jaye gi, Mulk k aala mufaad k lye sab kuch keya.

Pakistaniyon ko Moli gajar samjha hoa ha jis ka Dill karta ha khud b marwata ha or dosron ko saath laga k marta ha.

Go a bit ahead and say Kayani as well as Yahya were heroes as well, you might as well put Politicians and Establishment as well in that Hero-ness.

I stopped reading after your saying that Quranic laws would not be good for the state and cause unrest.

Liberal, are ya?

 

[Xestan]

Case should have been on 1999 coup and all those who validated it should have been made part of it.

2007 emergency was a fight between Gov and Judiciary. Real case should have been on 1999.

So, we at least agree Musharraf is guilty of Article 6?