Lahore court overturns Musharraf death sentence

LAHORE: The Lahore High Court (LHC) on Monday overturned the death penalty for former military ruler Pervez Musharraf and declared as “unconstitutional” the special court which sentenced him last month.
Musharraf’s lawyer, Azhar Siddique, told Arab News the court ruled that Section 9 of the Criminal Law Amendment (Special Court) Act under which Musharraf’s in absentia trial took place is unconstitutional.
The former president has been living in self-exile in Dubai and failed to attend the special court’s hearings, prompting the in absentia proceedings.
His conviction by the special court on Dec. 17 focused on the suspension of the Constitution and imposition of a state of emergency in 2007. Neither Pakistan’s parliament nor superior judiciary had validated the action, which under the law is punishable by death or life imprisonment.
High court advocate Malik Muhammad Siddique Awan told Arab News that the special court, which sentenced Musharraf, was established by the Supreme Court of Pakistan and only the Supreme Court “has jurisdiction with regard to any appeal including the formation of court.”
Since the special court is in Islamabad, according to Awan, the Lahore court was not competent to entertain Musharraf’s appeal. “If by any stretch of law any high court has jurisdiction, then it is Islamabad high court and not the LHC.”
“This decision by LHC has actually overruled the verdict against the former military ruler … Now there is no case against Musharraf and he is a free man, like any other citizen of Pakistan,” he said.
According to Ashtar Ausaf Ali, former Attorney General, the case is not over as “the court has only dealt with the procedural faults.”
“The court has acquitted General Pervez Musharraf on technical grounds but did not declare that crime was not committed. Under the law of the land, there is no time limit for criminal proceedings and this case may be re-initiated against him at any time,” he told Arab News. 
Musharraf seized power in a bloodless coup in October 1999 and resigned in 2008 amid public protests.