Article 6 of high treason

o Any person who abrogates or subverts or holds in abeyance or attempts or conspires to

abrogates or suspend or hold in abeyance, the constitution by use other unconstitutional
means shall be guilty of high treason.
o Any person aiding or abetting or collaborating, the acts mentioned in clause 1 shall
likewise be guilty of high treason.
o Parliament shall by law provide for punishment of person found guilty of high treason.1

Parvez Musharraf Appeal

In the December 2013, Musharraf was sentenced to death for subverting the constitution in 2007,
in this year he imposed martial law in the state. In 2009, the Supreme Court ruled that
Musharraf’s decision to impose the emergency was illegal, and in 2013, Sharif’s government
brought charges of high treason against him for imposing the 2007 emergency.2

According to the High Treason Act, 1973, the punishment for high treason is death or lifetime
imprisonment. Musharraf can appeal against the judgment according with Section 12(3) of the
Criminal Law Amendment (Special Court) Act, 1976, which says any party aggrieved by the
final judgement of the special court may prefer an appeal to the Supreme Court within 30 days of
the passing of the verdict. The provision further says no court shall entertain any plea as to the
jurisdiction of the special court or as to the legality or propriety of anything done or purported to
be done by it or order the release under sections 491 of the Code of Criminal Procedure or any
other law of any accused person in a case triable by the special court for so long as it is seized of
the case. No order, judgement or sentence of the special court shall be called in question in any
manner authority except the appeal to the Supreme Court. That time, he was undergoing with a
treatment in Dubai. So, he announced a detailed response after consulting with his lawyers.
Before issuing the verdict, the court rejected a plea by the prosecutors to delay the verdict.
Because of his health he can’t come to Pakistan. 3
1
Introductory, THE CONSTITUTION OF PAKISTAN, http://www.pakistani.org/pakistan/constitution/part1.html
2
Madia Afzal, Why Pakistan’s former ruler Musharraf was sentenced to death, and what it means, Thursday,
December 19, 2019
3
Judgment against Pervez Musharraf: Appeal can be filed in apex court only, INTERNATIONAL THE NEWS,
December 28, 2019, https://www.thenews.com.pk/print/589939-judgment-against-musharraf
 On 2019, he approached the special court to challenge the ruling of special court the death
sentence on charges of high treason in. Musharraf Lawyer Salman Safdar on the behalf of former
president, urged the top court to declare special court ruling null and void. The special court had
on December 17 convicted Musharraf for high treason under article 6 Of constitution and handed
him death penalty on five counts in 2-1 majority verdict. Subsequently, Musharraf had approach
Lahore high court with three petitions against the conviction. In his approach he challenged
conviction and also filed a complaint against Nawaz Sharif. Ruling on Musharraf petitions
against the special court verdict, LHC declared that the formation of special court was
unconstitutional and the case of high treason against former president was not prepared
according with law. According to federal government, after high courts ruling, the verdict issued
by special court stands void. 4

Amendment in article 6 – 2A

In the clause 2A of article it says that, an act of high of high treason cannot be validated by any
court including the supreme court or a high court. This makes it incumbent upon them to include
all those judges of supreme court and for those who followed them as potential traitors for aiding
or collaborating with Musharraf in 2007 emergency. So, it means that before this amendment,
judiciary validates high treason but after this 2 A clause, high treason can’t be validated. The
basic aim of removal of the validation of high treason is that no one can again abrogates the
constitution and impose martial law in the state and it is necessary to run a smooth democratic
government. 5

4
CJP takes up Musharraf's appeal today, THE EXPRESS TRIBUTE, Tuesday, 08 Dec 2020,
https://tribune.com.pk/story/2162930/cjp-takes-musharrafs-appeal-today
5
Haseeb Bhatti, Musharraf moves top court to set aside special courts verdict in high treason case, DAWN,
December 10, 2020, https://www.dawn.com/news/1528672/musharraf-moves-top-court-to-set-aside-special-
courts-verdict-in-high-treason-case