Legal Principle & Question Decided

Ruling Summary: This decision was rendered by the Supreme Court of Pakistan on 2024-01-10, officially reported as 2024 PLD 497. In this matter between General (Retd.) Pervez Musharraf and Federation of Pakistan and others, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.

Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.

Full Judgment Text & Judicial Ruling

Court Name: Supreme Court of Pakistan Judge(s):Amin-Ud-Din Khan, Syed Mansoor Ali Shah, Athar Minallah, Qazi Faez Isa

(C.J) Title: General (Retd.) Pervez Musharraf vs Federation of Pakistan and others Case No.: Criminal Appeal No. 785 of 2020 Date of Judgment:2024-01-10 Reported As: 2024 SCP 12, PLD 2024 Supreme Court 497, PLJ 2024 SC (Cr.C.) 162 Result: Appeal Dismissed Judgment

ORDER Qazi Faez Isa, CJ. This appeal arrayed General (retired) Pervez Musharraf as the appellant and the Federation of Pakistan, the Special Court and the State as the respondents. The appellant was convicted by the Special Court vide judgment dated 17 December 2019 and the instant appeal was filed on 16 January 2020 under section 12(3) of the Criminal Law Amendment (Special Courts) Act, 1976. Since as per legal requirement, the appellant had not surrendered himself the office of this Court had raised objection to the maintainability of this appeal. However, learned counsel Mr. Salman Safdar contended that the appellant was indisposed and under treatment abroad, therefore, he was not in a position to appear before this Court. Subsequently, the appellant passed away on 5 February 2023, as informed by learned Mr. Safdar, who had sought time to contact the appellant's legal heirs. Time was also granted by this Court on 10 November 2023. Learned Mr. Safdar states that he had sent messages to the legal heirs of the deceased appellant but did not receive any response from them. 2. This Court, though not obliged to do so, but in the interest of justice, had also issued notices to the legal heirs of the appellant on all available addresses and which were provided, both within the country and abroad. Notices were also published in the leading English newspaper 'DAWN' and the leading Urdu newspaper 'JANG'. However, none of the legal heirs have come forward and elected to contest this appeal. 3. On 28 November 2023 the following two questions were also framed:

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'(1) Whether on the death of the appellant the appeal did not abate in terms of section 431 of the Code of Criminal Procedure, 1898; and (2) If the conviction of the appellant is upheld, the consequences thereof, including on the rights/benefits of the appellant and his legal heirs.' 4. Learned Mr. Safdar states that the legal heirs did not approach him, let alone engage him, and have also not responded to the notices/publications issued by this Court. He submits that in his opinion the instant appeal abates in terms of section 431 of the Code of Criminal Procedure, 1898. 5. Therefore, in the given circumstances, and as none of the legal heirs have come forward, the instant appeal is dismissed as having abated. Consequently, the conviction of the appellant by the Special Court subsists.

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