Pak Supreme Court’s detailed verdict binds govt to prosecute Musharraf

      The Pakistan Supreme Court’s detailed judgement on Pervez Musharraf’s emergency declaration binds the Gilani government to prosecute the former president under Article 6. The country’s apex court has pointed out that Musharraf should be punished for the crimes he committed on Nov 3, 2007, and thus made the government bound to act in accordance with the Constitution. “General Pervez Musharraf was as much a usurper as was General Agha Muhammad Yahya Khan after the imposition of martial law in 1969. Therefore, his actions should be nullified, and he would be liable to be tried for high treason and punished,” The News quoted the October 1 court judgement, as saying. “Along with Article 237 as finally approved, the framers of the Constitution also legislated Article 6 of the Constitution, which provided that any person who abrogated or attempted or conspired to abrogate, subverted or attempted or conspired to subvert the Constitution by use of force or show of force or by other unconstitutional means shall be guilty of high treason,” it added. The judgement noted that each member of the Pakistan Army, as per his oath under the constitution, is bound to discharge his duties honestly to the best of his ability, faithfully in accordance with the Constitution and the law. “We agree to the contention of the learned counsel that General Pervez Musharraf failed to abide by his oath to preserve, protect and defend the Constitution. The Constitution was framed to continue to be in force at all times,” the bench head by the Chief Justice of Pakistan wrote.

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