Gen. Musharraf to be tried in civilian special court, not court-martial

Former Pres. Pervez Musharraf

The special court established under the Criminal Law Amendment (Special Court) Act, 1976, ruled on February 21 that the high treason charges against former Pakistani President Pervez Musharraf cannot be tried by court-martial. Because he is retired from the armed forces, he is no longer subject to the Army Act. According to this report, "[u]nder section 2 (2) of the Army Act, a person who had retired would be subject to the act if his trial for any offence that he committed while in service, had begun within six months of ceasing to be in service, which is not the case here." The special court also cited the provision of the High Treason (Punishment) Act, 1973, that grants it exclusive jurisdiction. The proceedings will resume on March 11.

For a highly critical take on Gen. Musharraf's legal team's work see this article in The Nation by Saad Rasool.