DISPENSING justice in accordance with the law is the primary duty of the justice system. Courts and tribunals are set up to decide matters and serve justice as per procedure prescribed by law.

Recently, the special court announced the death sentence for former president Gen (r) Pervez Musharraf. In paragraph 66 of the verdict, law enforcement agencies have been directed to apprehend Musharraf to ensure that the punishment is inflicted as per law and if he is found dead, his corpse should be dragged to D-Chowk, Islamabad.

This is an inhuman act and a human rights violation. There is no provision in the law for such cruel act.

According to Section 368 of the Criminal Procedure Code 1898, when any person is sentenced to death, the sentenced should be to hang him till death. It can be interpreted that no unlawful act should be performed with the body.

According to Section 370 of the Criminal Procedure Code 1898, in any case in which the accused is convicted of an offence, a copy of the judgement should be given to him at the time of pronouncing the judgement. However, Musharraf in a video message has said he was not informed about the verdict and came to know about it through news reports.

Considering the law, the decision against Musharraf is to some extent extrajudicial.

Muneer Ahmed
Karachi

Published in Dawn, January 2nd, 2020