Violation of 1973 constitution not treason: Musharraf
13 January, 2014
ISLAMABAD: Former President Musharraf has said that violation 1973 Constitution is not treason, as it is not formulated by a constitutional Assembly, but an act of parliament.
In his review petition, against Supreme Court's verdict about 03rd Nov 2007 emergency, issued in 2009, Musharraf also expressed hopes over CJP, Tassaduq Jillani forming a 14-member bench.
Justice Ameer Hani has already approved the review petition during a session in Muslim Chamber, after rejecting the reservations of Registrar. The review petition challenges the constitutional standing of 1973 Constitution, violation of which had been blamed on former COAS, President Musharraf.
The petition terms the 1973 Constitution as merely an act of Parliament, approved by West Pakistan's Assembly, while the (then) Eastern half, East Pakistan had already rejected it; hence it was not formulated by majority of legislative.
The review petition also prays that in its short verdict, even the Supreme Court had not asked for Musharraf's trail over treason; while also noting that no such action was even taken against (late) President Zia-ul-Haq for keeping the constitution in abeyance during 05th July 1977.
The petition also notes that even Supreme Court was aware of the fact that the very parliament which formulated the 1973 Constitution was formed by (late) military dictator, Gen. Yahya Khan, who has been called as the biggest usurper.
Expressing his criticism over being charged with treason, Musharraf also pointed out that the Courts of law, and parliaments had also endorsed such acts under "the doctrine of necessity" ; while the act of 03rd Nov 2007 was also conducted according to this very doctrine of necessity.
It was also pointed out that during the Zafar Ali Shah Case the Court had declared its verdict in favor of 12th Oct 1999 takeover, which entailed violation of 25 articles of Constitution.