The former President has been charged with issuing an unconstitutional order on November, 3, 2007 which held the Constitution in abeyance

The federal Interior Ministry Secretary on Thursday submitted a formal complaint in a special court to summon former President General (retd) Pervez Musharraf for his trial in the high treason case and convict him in accordance with the law and the Constitution.

He also submitted a statement of formal charges to the special court for the trial, constituted under the Criminal Law Amendment (special court) act in 1976.

The former military dictator has been charged with issuing an unconstitutional and unlawful order on November, 3, 2007 at Rawalpindi as Chief of the Army Staff, called the “Proclamation of Emergency Order, 2007” which held the Constitution in abeyance. He subverted the Constitution and committed the offence of high treason punishable under Section 2 of the High Treason (Punishment) Act, 1973 which is within the jurisdiction of the Special Court, the complaint said.

Musharraf has also been charged with issuing the Provisional Constitution Order No.1 of 2007 which empowered the President to amend the Constitution from time to time, apart from suspending Fundamental Rights enshrined in Articles 9, 10, 15, 16, 17, 19 and 25.

Oath

On the same day he issued an Oath of Office (Judges) Order, 2007 whereby an oath was introduced in the Schedule which required a judge to abide by the provisions of the Proclamation of Emergency dated November 3, 2007 and the Provisional Constitutional Order of the same date. This order resulted in the removal of numerous judges of the superior courts including the Chief Justice of Pakistan. Musharraf is also being charged for amending the Constitution and some of its provisions and subverting it.

Suitable place

Prime Minister Muhammed Nawaz Sharif last month had appointed three judges for the special court to try Musharraf for high treason under Article 6.

Justice Faisal Arab of the Sindh High Court who as the senior most, will head the special court.

Justice Tahira Safdar of the Balochistan High Court and justice Yawaar Ali of the Lahore High Court are the other two members. However, the government is yet to decide on a suitable place for the special court to start the trial.

In June the federal government had informed the Supreme Court that it had asked the director general FIA to set up a special team to inquire into the emergency imposed by Musharraf. This was after Mr. Sharif told the National Assembly that the government would proceed against him on the basis of Article 6.