ISLAMABAD: The federal government charged five cases against the military ruler and General (retd) Pervaiz Musharraf by asking the court to award him death penalty or life imprisonment.
The number one charge is the issuance of the Proclamation of Emergency on Nov 3, 2007 by Musharraf in his capacity as the Chief of Army Staff (COAS), which was unlawful and in obvious violation of the Constitution.
The next charge is the issuance of Provisional Constitution Order (PCO) 1 of 2007 by Musharraf as the COAS, whereby he, in obvious violation of his oath as president and a member of the armed forces, unconstitutionally and unlawfully pressurized the president to bring about a change in the Constitution from time to time. Such use of power was not mentioned in the Constitution to the COAS to hold the power on the president.
The third charge is the issuance of the Oath of Office (Judges) Order 2007 on Nov 3 as president where all the judges of the Supreme Court, the Federal Shariat Court or high courts desist to hold their offices with immediate effect except those who were given, and did make, the oath in the form set out in the Schedule of the same order.
The issuance of Constitution (Amendment) Order, 2007 on Nov 20 was listed as the charge number four whereby articles 175, 186-A, 198, 218 and 270C were amended and article 270AAA was added to the Constitution. This order was issued in blatant violation of Part XI of the Constitution which resulted in its subversion. Thus, he committed the offence of disloyalty.
The next charge is the issuance of the Constitution (Second Amendment), 2007 on December 14, 2007 by Musharraf as president through which the Constitution was altered. It was in blatant violation of Part XI of the Constitution, which resulted in its subversion.