Treason case: Court accepts Musharraf’s plea to defer hearing till Jun 12

Treason Musharraf treason case special court ramdan holy month defer postponed pervez musharraf PML-N
02 May, 2019 12:10 pm

ISLAMABAD (92 News) – A special court accepted former president General (retd) Pervez Musharraf’s request to defer the hearing of a treason case against him till June 12.

A three-member bench headed by Justice Tahira Safdar adjourned the case hearing until after the month of Ramazan owing to his poor health. Musharraf’s counsel Barrister Salman Safdar told the court that his client could not travel to Pakistan to attend the hearing due to his medical condition.

“He is ashamed and apologetic for not being able to reach [in time]. He is unable to walk,” the counsel said, adding that he had spent three days with the former president and was shocked to see that he could barely even speak. “The doctors have said it is not safe for him to travel in this condition,” Barrister Safdar said.

The counsel then asked the court to postpone the hearing until after Ramazan.

It is pertinent to mention here that the court had, in a previous hearing, ordered Musharraf to appear before it on May 02 (today). Musharraf in a fresh petition pleaded to court to put off hearing of the case.

“We have read the Supreme Court order,” Justice Nazar Akbar said. “Tell us we can hear fresh petition or not. Whether we are working as an independent court or not. Are you opposing this petition,” Justice Nazar Akbar asked the prosecution counsel.

Prosecution lawyer pleaded to the bench for rejection of Musharraf’s petition. The prosecution called the bench to annul the right of defence of the accused.

“The hearing could not be adjourned over ill health under section 9,” the counsel argued. “Can you challenge diseases described in the medical certificate,” the bench asked the counsel.

“How can I challenge if medical certificate is attached,” prosecution lawyer said.

The special court adjourned hearing of the case until June 12.

Musharraf to lose defence right if he fails to appear on May 2: SC

On April 1, the Supreme Court had ruled that former president Pervez Musharraf will lose the defence right if he failed to appear before court on May 2.

According to the verdict, Pervez Musharraf will have no right to record his statement under section 342. “However, Pervez Musharraf will be entitled to all facilities if he appears before court,” it added.

Chief Justice Asif Seeed Khosa directed the special court to decide the high treason case after hearing the prosecution if Musharraf doesn’t appear in court.

He ruled that an absconding accused has no right.

ATC summons Pervez Musharraf in high treason case on May 2

On March 28, the anti-terrorism court had summoned former president Pervez Musharraf in the high treason case on May 2.

The court also ordered to hand over the questionnaire prepared for Pervez Musharraf to the respondents. The counsel withdrew the plea for his acquittal.

The court remarked that it would issue further orders if the accused did not appear in court.

SC expresses anger at absence of Pervez Musharraf

During the last hearing on Monday, the Supreme Court expressed its anger at absence of former president Pervez Musharraf in the high treason case.

The court dismissed the plea seeking the delay in the case.

During the hearing, Chief Justice Asif Saeed Khosa remarked that Musharraf used to show his fists. “Sometime he goes to hospital and sometime he goes abroad,” he said. He ordered Pervez Musharraf to either appear in court or record his statement via video link on the next date of hearing.

The CJP remarked that no one is above the law. “The imposition of an emergency rule on Nov 3, 2007 will be tried at all costs,” he said. He sought a reply from the federal government regarding steps taken for the repatriation of Pervez Musharraf. “We will resolve the matter if the special court did not resolve it,” he said, expressing hope that the special court will resolve the matter on March 28.

On March 21, a special court hearing high treason case against former president General (retd) Pervez Musharraf for imposing an emergency rule on Nov 3, 2007, in the country sought assistance for recording the statement of the accused through video link.

A three-member bench, headed by Justice Tahira Safdar, resumed hearing on a complaint, lodged by former Pakistan Muslim League-N (PML-N) government seeking initiation of high treason proceedings against Pervez Musharraf for imposing the emergency rule.

In May, 2016, the court had declared Pervez Musharraf as absconder under Section 87 of Criminal Procedure Code and directed the Federal Investigation Agency (FIA) to produce him before it on July 12, 2016.

Musharraf had expressed his willingness to face the trial under the army’s protection and on a surety from the court that he would be given a safe passage to return to Dubai.

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