CJP issues written order on appeal filed by Pervez Musharraf against death sentence awarded him to by Special Court in high treason case

ISLAMABAD, Jan 14 (SABAH): Chief Justice of Pakistan Justice Qazi Faez Isa has issued the written order of the criminal appeal filed by former president General (retd) Pervez Musharraf against death sentence awarded him to by Special Court in high treason case.

Four-member larger bench headed by Chief Justice Qazi Faez Isa and comprising Justice Syed Mansoor Ali Shah, Justice Amin-ud-Din Khan and Justice Athar Minallah had heard the Criminal Appeal No. 785 of 2020(On appeal from the order dated 17.12.2019 passed by the Special Court, Islamabad in Complaint No.1/2013) General (Retd.) Pervez Musharraf on10th January. During the hearing Barrister Salman Safdar appeared before the bench for the petitioner and for the respondent Additional Attorney-General for Pakistan Chaudhry Aamir Rehman appeared before the bench.

The judgment says this appeal arrayed General (retired) Pervez Musharraf as the appellant and the Federation of Pakistan, the Special Court and the State as the respondents. The appellant was convicted by the Special Court vide judgment dated 17 December 2019 and the instant appeal was filed on 16 January 2020 under section 12(3) of the Criminal Law Amendment (Special Courts) Act, 1976. Since as per legal requirement, the appellant had not surrendered himself the office of this Court had raised objection to the maintainability of this appeal. However, learned counsel Mr. Salman Safdar contended that the appellant was indisposed and under treatment abroad, therefore, he was not in a position to appear before this Court. Subsequently, the appellant passed away on 5 February 2023, as informed by learned Mr. Safdar, who had sought time to contact the appellant’s legal heirs. Time was also granted by this Court on 10 November 2023. Learned Mr. Safdar states that he had sent messages to the legal heirs of the deceased appellant but did not receive any response from them.

The judgment further says that this Court, though not obliged to do so, but in the interest of justice, had also issued notices to the legal heirs of the appellant on all available addresses and which were provided, both within the country and abroad. Notices were also published in the leading English newspaper ‘DAWN’ and the leading Urdu newspaper ‘JANG’. However, none of the legal heirs have come forward and elected to contest this appeal.

The order further says that on 28 November 2023 the following two questions were also framed:

‘(1) Whether on the death of the appellant the appeal did not abate in terms of section 431 of the Code of Criminal Procedure, 1898; and

(2) If the conviction of the appellant is upheld, the consequences thereof, including on the rights/benefits of the appellant and his legal heirs.’

The order says that the learned Mr. Safdar states that the legal heirs did not approach him, let alone engage him, and have also not responded to the notices/publications issued by this Court. He submits that in his opinion the instant appeal abates in terms of section 431 of the Code of Criminal Procedure, 1898. Therefore, in the given circumstances, and as none of the legal heirs have come forward, the instant appeal is dismissed as having abated. Consequently, the conviction of the appellant by the Special Court subsists.