It is very disturbing and unfortunate that the Special Court ofIslamabad hasawarded death sentence (article 6 of theConstitution) to the former Army chief of Pakistan Gen Pervez Musharraf.
The decision of the said court was divided one against two which means the decision was split.
The majority of the peoplein Pakistan have not agreed with the decision alleging that it was done in haste and manipulated.
Moreover the death sentence was awarded in absentia without hearing the arguments of former Army Chief.
According to the Constitution, the case of any individual cannot be decided without hearing his or her point of view.Moreover Pervez Musharraf while imposing emergency inNovember 2007 did not abrogated the Constitution; therefore he did not commitany crime or high treason.
The suspension of the Constitution as it said by many lawyers does not mean to snatch the fundamental rights, the state and the institutions were all functioning even the courts duringthat period.
The decision of the special court of Islamabad while announcing the verdict did not take the notice of the prevalent situation in Pakistan, the India has been constantly firing at LOC, killing innocent citizens, the occupied Kashmir remains lockdown for the last five months, the discriminatory bill against the Muslims of India as well manifest the evil designs of India who wants to tarnish the image of Pakistani army and discredit its tremendous sacrifices against internal and external enemies.
It is also alleged that the special court judges were influenced by outside elements who wanted to destabilize Pakistan.
Meanwhile when Pervez Musharraf overthrew the government of Nawaz Sharif, the country was in turmoil politically, two major political parties PPP and Jamat-e-Islami were demanding fresh election whileJamat-e-Islami had declared million march towards Islamabad,
Moreover Nawaz Sharif hated Pervez Musharraf and wanted to remove him from the post of Army Chief.He got the opportunity to remove him when Musharraf was in Sri Lanka and Nawaz ordered his plane not to land in Pakistan. He also appointed Mr Butt of engineering corps as new Army Chief against all the norms of the constitution.
Nawaz Sheriff wanted direct confrontation with Army to prove that he can do anything as an elected member.The result was obvious; NawazSharif was ousted from power and arrested.
The take-over by Musharraf was endorsed by the Supreme Court and was given immense power.
Asthe CEO and the President of Pakistan he developed the economy(the growth was 7 percent); brought law and orderunder control; took immense pain to eliminate terrorism and corruption.
As Army Chief, he introduced various reforms in the army with the induction of latest weapons to strengthen the defence of Pakistan.
He fought two wars in which his bravery and valour was matchless. As I wrote earlier the Special Court cannot pronounce judgement in absentia.
The decision of the Special Court of Islamabad has created polarization and instability in the country which is highly dangerous to the sovereignty of Pakistan.