Re: special court partially accepts Musharraf’s plea
Brother, I know that you do not just mean meaning of the word that can be found in dictionary, but I believe you would like to know what it means with reference to Pakistani constitution on High treason (article 6). So, here it is .
I would post in two parts so that one who feels dizzy reading long post can read the parts.
Part 1: Article 6 of Pakistani constitution
Part 2: What it means by aiders, abetters and collaborators. Who are these people?
Before posting, I should also mention (as it is necessary to know) that first Pakistani constitution was written and passed from assembly in 1956, and thus this constitutional clause applies to anyone who becomes guilty of this clause from 1956 onward.
It is obvious that this law can only get applied if there was military coup that ended, or after a military government ends. Since there is no time limit for a military government to end, nor there is time limit for this law to get applied, all who are guilty of violating this law since 1956 can be brought to justice anytime, even after their death. That is obvious too, as dictator and their aiders, abetters and collaborators could become hero and could be awarded with titles while dictator is ruling, and they may even die before this clause is applied on them (like Ayub Khan and Bhutto), but according to constitution they are traitors, and thus even after death, their title and hero status has to go, that means, law should apply to them, all their good name and titles snatched, and they should be declared traitor.
According to any justice system, courts could not apply any constitutional clause selectively. If they are applied, it has to get applied on all guilty of that clause, and that means, if this clause applied on one, it should be applied to all.
Actually, this was the argument that Musharraf lawyer took, and made the court to declare that this clause cannot be applied to Musharraf alone, but should be applied equally to aiders, abetters and collaborators.
Next step would be to ask court that, if it is applied to one incident, what about other incidents, and that means, article 6 should be applied on all who aided, abetted, and collaborated with Ayub, Yahya and Zia … at least on all who are alive (though all who are dead should be included too).
Part 1: Article 6 of Pakistani constitution: According to article 6, a person who abrogates, subverts, suspends, holds in abeyance, attempts or conspires to abrogates, subverts, suspends, hold in abeyance … by use or show of force or by any other unconstitutional means, shall be guilty of high treason … as well as those who aided, abetted or collaborated with the person above would be guilty of high treason, in same way as person mentioned above.
Thus, if there is military coup, not the chief or armed forces or army generals alone, but all who aided, abetted, and collaborated in military coup, are equally responsible and thus are guilty of high treason.
Article 6. High treason
6. High treason.—[SUP]1/SUP Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.]
(2) Any person aiding or abetting **[SUP]2[/SUP][or collaborating] **the acts mentioned in clause (1) shall likewise be guilty of high treason.
[SUP]3[/SUP]****(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.]
(3) [SUP]4[/SUP][Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.
Note: In above article, word collaborator and clause 2(A) is added in 2010 (18th amendment). Anyhow, this word and clause make no difference to earlier clause, as aiders and abetters includes those who are collaborators.
As for 2(A), what used to happen (validation by court and later parliament) in past, it was illegal anyhow, as there was no validation when a crime occurred, and thus it becomes established crime, so no later ruling can change the nature of that crime. It is just like a sex happened before marriage and becomes zina (illegal intercourse), than later nikah do not and cannot change that crime, expunge that crime, nor exonerate or absolve person guilty of zina from being zani. Anyhow, inclusion of this statement 2(A), stops any ambiguity for people who can think little.
Part 2: What it means by aiders, abetters and collaborators. Who are these people?
Aiders, abetters, collaborators: Are those people who approved, encouraged, supported, assisted, joined, gave advice, urged, helped … or became partner in whatever way.
That means if military takes over than whoever encouraged military rule by words of mouth, actions, or deeds are guilty of high treason. In other words, an individual, or a party that encouraged military takeover is guilty, an individual or party that helped running the country under military rule or joined the government of military ruler to govern are guilty, each and every Judge of high judiciary that helped from their verdict to facilitate military ruler are guilty, and so on.
It means, all judges who ever took oath on PCO, all national and provincial ministers during the time of military government (actually, whole cabinet when military rule was there), all army generals who were part of coup, all top bureaucracy and top police officers who helped a military dictator running the country smoothly, all political leaders who supported military ruler morally or in whatever way, and so on … are guilty of high treason.
And thus all who are guilty of violating article 6, should be taken to court to get punished of high treason … and should be declared traitor … that includes Z A Bhutto, Nawaz Shareef, Shahbaz Shareef, and so on.