Islamabad: The Supreme Court has reinstated the death sentence of former President General (retired) Pervez Musharraf.
The hearing on the petition filed against the death sentence of former President General (retd) Pervez Musharraf was conducted by a 4-member larger bench of the Supreme Court headed by Chief Justice of Pakistan Justice Qazi Faiz Isa, in which Justice Mansoor Ali Shah, Justice Aminuddin Khan and Justice Athar Minullah is included.
At the beginning of the hearing, lawyer Hamid Khan came to the rostrum and said in his arguments that Pervez Musharraf has filed an appeal against the sentence, which is a criminal appeal, while our petition is against the decision of the Lahore High Court to quash the sentence, which is a constitutional matter. Both the appeals should be heard separately.
The Chief Justice remarked that in the present case the jurisdiction of the Lahore High Court and the appeal are two separate matters. First listen to Pervez Musharraf’s lawyer Salman Safdar.
During the hearing, the federal government opposed the appeal against Pervez Musharraf’s sentence, on which the Chief Justice asked Additional Attorney General Aamir Rehman whether you are opposing or supporting the appeal of Pervez Musharraf?, he replied Pervez. are opposing Musharraf’s appeal.
Lawyer Salman Safdar said in his arguments that there are no instructions from the family of former President Pervez Musharraf. The family is aware of the case. Contacted more than 10 times since November. No instructions were given for or against the case. I am not representing Pervez Musharraf’s family.
Justice Mansoor Ali Shah said that the Supreme Court had also issued notices to him directly, to which lawyer Salman Safdar said that the Supreme Court had also given notice to him through a newspaper advertisement. I can provide judicial assistance in two cases, on which Justice Mansoor Ali Shah said that you can assist the court only on legal situation.
The Chief Justice remarked that we are getting up for 5 minutes. We may decide the case today.
Later, the hearing resumed and the Chief Justice said that in the absence of Pervez Musharraf’s heirs, he cannot hear his lawyer. Decisions should not be made based on assumptions. Do not want to close any door for the right of heirs. How can the court resort to 561A? .
Lawyer Salman Safdar said that he appreciates the action taken by this court. Musharraf’s heirs are not residing in Pakistan.
The Chief Justice asked what are your reservations about the Lahore High Court, to which the lawyer said that I do not even appear in the Supreme Court before the judge who tried Musharraf in the Lahore High Court. I will definitely make some reports in your chamber about this. The Chief Justice said that we do not call anyone in the chamber.
Justice Athar Manullah said that under Article 12, the court doors are open against all the people involved with Pervez Musharraf, to which the lawyer said that Pervez Musharraf was not involved alone in the implementation of Emergency. The then Prime Minister, Law Minister , Parliament and Supreme Court judges were also involved. Special court sentenced Pervez Musharraf without hearing. A man was singled out and punished for his actions against the whole country.
Later, the Supreme Court reinstated the death sentence of former President General (retd) Pervez Musharraf (deceased) by a special court. The court said that despite efforts, the legal heirs of Pervez Musharraf could not be contacted. The court upheld the death sentence of Pervez Musharraf and dismissed the appeal.
The court also annulled the decision to dissolve the special court hearing the Pervez Musharraf treason case. According to the Supreme Court decision, notices were given to the heirs of Pervez Musharraf about the court proceedings at their domestic and foreign residential addresses. Advertisements were also given in Urdu and English newspapers.
The Supreme Court said in the judgment that there were two questions before the court. Whether an appeal can be heard after the deceased has passed away, the first question. If the death penalty is upheld, are Musharraf’s legal heirs entitled to the benefits of the deceased, another question. The decision further said that despite several attempts, Musharraf’s heirs could not be contacted. We have no option but to retain the death penalty.
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