Ex-commando Musharraf must face five 'enemy' charges
21 December 2013
General Pervez Musharraf faces as many as five charges, with the government prosecutors praying a special court in Islamabad to award the former military ruler the death penalty or life imprisonment in a 'high treason' case.
According to documents obtained by Geo News, the federal government in its complaint to the court has levelled the following charges:
The number one charge is the issuance of the Proclamation of Emergency on 3 November 2007 by Musharraf in his capacity as the Chief of Army Staff (COAS), which they say was unlawful and in blatant violation of the Constitution.
The second is the issuance of Provisional Constitution Order 1 (PCO 1) in 2007 by Musharraf as the COAS, whereby he, in blatant violation of his oath as president and a member of the armed forces, unconstitutionally and unlawfully empowered the president [which was then himself] to amend the Constitution from time to time. Such authority was not provided in the Constitution to the COAS to confer the power on the president.
The third charge is the issuance of the Oath of Office (Judges) Order 2007 on 3 November as president, where all the judges of the Supreme Court, the Federal Shariat Court or high courts ceased to hold their offices with immediate effect except those who were given, and did take, the oath in the form set out in the Schedule of the same order.
The issuance of Constitution (Amendment) Order, 2007 on 20 November was listed as the charge number four, which says that Articles 175, 186-A, 198, 218 and 270C of the Pakistan constitution were amended and article 270AAA was added to the constitution. This order was issued in blatant violation of Part XI of the constitution, which resulted in its subversion. Thus, he committed the offence of high treason.
The final charge is the issuance of the Constitution (Second Amendment) ordinance 2007 on 14 December that year by Musharraf as president, through which the Constitution was altered. It was in blatant violation of Part XI of the constitution, which resulted in its subversion.