Court’s reversal of death sentence against the former military ruler largely hinged on legal technicalities
By Saeed Shah and Waqar Gillani
KARACHI, Pakistan—A Pakistani court revoked a guilty verdict and death sentence for the country’s last military ruler, suggesting that the country’s powerful army is reasserting itself after a brief spasm of judicial opposition.
Pervez Musharraf had been found guilty of treason by a special court late last year following a six-year trial. As army chief, Mr. Musharraf had seized power in 1999 and ruled until 2008.
The overturning of the verdict on Monday by the Lahore High Court hinged on legal technicalities over the formation of that special court and came after the government of Prime Minister Imran Khan denounced the court’s finding of treason. The case could now end up in the Supreme Court if democratic activists bring a petition.
Last month’s verdict was the first time that a leader behind a coup had been convicted in Pakistan, where the country’s democratic institutions have struggled to assert control over the army.
One of the judges, in delivering the December ruling, even wrote that when Mr. Musharraf dies, his body should be dragged through the streets and hanged in the central square of Islamabad for three days, words that drew a rebuke from the military.
The special court’s trial was held without the attendance of Mr. Musharraf, who lives in self-imposed exile in Dubai. While it was unlikely he would ever come home to be punished, the ruling had symbolic resonance for many.
The reversal of the decision “shows that even in a case as straightforward as this, convicting a former chief of army staff for subversion of the constitution remains a challenge,” said Reema Omer, a legal adviser based in Pakistan to the International Commission of Jurists, a human-rights organization.
The judiciary has usually backed Pakistan’s military establishment through the country’s 73-year history, making its recent judgments against the military all the more notable. The December death sentence came weeks after the Supreme Court in November ruled as illegal the government’s decision to grant another three-year term to the army chief, Gen. Qamar Bajwa. However, the court gave the government time to amend the law to allow the extension.
Now, both those rulings have been nullified. Even the two main political opposition parties—which had previously positioned themselves as defenders of the right of civilians to hold levers of power—backed legislation this month that legalized the extension to Gen. Bajwa.
Critics of the military say the freedom of media, civil society and the political opposition has been curbed under Gen. Bajwa.
The army denies any political interference. Pakistan is now led by Prime Minister Khan, whose administration says it is in partnership with the armed forces.
“All the proceedings have been quashed,” said Ishtiaq A. Khan, a senior government lawyer, Ishtiaq A. Khan, speaking to reporters outside the court.
Mr. Khan said that the treason charges were pursued in an illegal way. The government had argued that there was no decision taken by then-government’s cabinet in 2013, as required, to form the special court.
Muhammad Azhar Siddique, a lawyer for Mr. Musharraf, said that the ruling meant that the previous verdict held no value as it was found that the court that issued it was illegally constituted.
Source: www.wsj.com/articles
Saturday, April 18, 2026
