A Pakistani court has sentenced former military ruler Pervez Musharraf to death in absentia on treason charges stemming from his imposition of a state of emergency in 2007.
Musharraf, who seized power in a 1999 coup and later ruled as president until 2008, is out of the country and did not comment on a ruling widely seen as part of a stand-off between the judiciary and military over the rule of law.
“Pervez Musharraf has been found guilty of Article 6 (of the constitution) for violation of the constitution of Pakistan,” government law officer Salman Nadeem said.
The full ruling by a special anti-terrorism court was not immediately available but the three judges reached a majority verdict, with two of them deciding against Musharraf.
The special court bench comprised Justice Waqar Ahmad Seth of the Peshawar High Court, Justice Shahid Karim of the Lahore High Court, and Justice Nazar Akbar of the Sindh High Court.
They were appointed on the orders of the Supreme Court.
Justice Akbar had dissented from the verdict.
The special court had reserved its verdict in the long-running treason trial last month.
The court, when reserving its verdict, had said it will announce its judgment on November 28.
However, the Islamabad High Court had barred the bench from issuing the verdict on the said date.
When the special court reconvened on November 28, it had noted that it was not bound to follow the Islamabad High Court’s order.
Nonetheless, the court allowed Musharraf one more chance to record his statement in the case by December 5.
In its hearing on December 5, the special court announced that it would issue the verdict on December 17, even if arguments of both sides were not completed by then.
Musharraf is the first former army chief to be charged with treason in Pakistan.
He has been in self-imposed exile ever since a travel ban was lifted in 2016 that allowed him to seek medical treatment abroad.
The 76-year-old has lately spent most of his time between Dubai and London.
In a strongly-worded statement, the army said the ruling had caused “pain and anguish” in the ranks and added: “The due legal process seems to have been ignored.”
It said that the case had been concluded in haste and that Musharraf “fought wars for the defence of the country (and) can surely never be a traitor”.
Musharraf imposed a state of emergency at a time when he faced growing opposition to his rule.
All civil liberties, human rights and democratic processes were suspended from November 2007 to February 2008.
The final years of his rule were marked by struggles with the judiciary over his wish to remain head of the army while president.
He quit in 2008, after a political party that backed him fared poorly in a national election.
In a video recording issued from a hospital bed in Dubai, Musharraf said last month that he was not being given a fair hearing in the case.
“I think this case is baseless, they are not listening to me and they are not listening to my lawyer ... it is a big injustice,” said Musharraf. “I served the nation and made decisions for the betterment of the country.”
A lawyer representing Musharraf said he would challenge the court ruling.
The former military ruler would have two rights of appeal in a higher court, as well as the Supreme Court.
“We are going to appeal once the written decision is out,” his lawyer Azhar Siddique told DPA immediately after the verdict. “We believe the decision is illegal and without jurisdiction.”
The judgment is being hailed as a step forward to strengthen Pakistan’s democracy, which has faced periodic suspension due to military takeovers in the past.
“I won’t say it will make a military takeover in future impossible, but it will definitely make it very, very difficult,” political analyst Zafarullah Khan said. “I would call it a good omen for democracy.”
“It is a landmark judgment and will go a long way towards redefining Pakistan’s coup-prone political history,” local television commentator Hamid Mir said on his show.
Senator Pervaiz Rashid, an aide to Sharif, called it a landmark ruling that would help constrain the military.
“We have secured our future generations,” he said.
The judiciary has been increasingly assertive in its battle with the military to establish the rule of law.
Three weeks ago, the Supreme Court struck down a three-year extension of army chief General Qamar Javed Bajwa’s tenure, saying that there were no legal or constitutional grounds to grant the general another term after his retirement on November 29.
Musharraf, who was born in India’s capital Delhi in 1943 but moved with his family to Pakistan after partition, took power after ousting Sharif in a bloodless coup in 1999.
A cigar-smoking, whisky-drinking moderate, the general became a key US ally in the “war on terror” after the September 11, 2001 attacks and escaped at least three Al Qaeda assassination attempts during his nine years in office.
His rule faced no serious challenges until he tried to sack the chief justice in March 2007, sparking nationwide protests and months of turmoil that led to the imposition of a state of emergency.
After the December 2007 assassination of former prime minister Benazir Bhutto, the national mood soured even further and he was left isolated by the crushing losses suffered by his allies in February 2008 elections.
Musharraf finally resigned in August 2008 in the face of impeachment proceedings by the new governing coalition and went into exile.
He returned in 2013 in an attempt to contest elections, but was barred from taking part in the polls and from leaving the country as a barrage of legal cases mounted.
The treason case was first launched against Musharraf by his old foe Sharif in 2013.
The case went on for years amid repeated delays until yesterday’s surprise announcement.
The treason ruling is the latest case to target Musharraf since he has been in exile.
In 2017, a Pakistani court pronounced him a fugitive in the murder trial of Bhutto – the first woman prime minister of a Muslim country.
The anti-terrorism court also branded Musharraf an absconder and ordered the confiscation of his property.
Musharraf is alleged to have been part of a broad conspiracy to have his rival Bhutto killed before elections.
He has denied all charges.
Following the court’s decision Tuesday, Bhutto’s son Bilawal Bhutto Zardari tweeted: “Democracy is the best revenge.”
A television screen at a Karachi shop displays the news after Musharraf was sentenced to death on charges of high treason and subverting the constitution.