Treason case: SC proposes three options for Musharraf to record statement

ISLAMABAD: The Supreme Court on Monday proposed three options for former president General (retd) Pervez Musharraf to record his statement in the long-running high treason trial. 

A three-member bench headed by Chief Justice Asif Saeed Khosa issued instructions that the former president, who has been residing out of the country, may either appear before the court in the next hearing, record his statement in the trial via a video link, or have his lawyer Salman Safdar record the statement on his behalf.

The top court also rejected an adjournment request by Musharraf's lawyer.

In his remarks, CJP Khosa observed that he "had an idea that Musharraf would be hospitalised" following the previous hearing.

The former president was discharged from a hospital in Dubai over the weekend, where he had been hospitalised for a condition he is said to be suffering. 

"The question is, if a suspect does not deliberately appear before the court then is the court totally helpless? If the law is silent on the matter then the Constitution gives powers to the Supreme Court to act," the chief justice remarked. 

Musharraf's counsel told the bench that the ex-president had been allowed by the government to leave the country. 

“The government [may] have its own priorities but the Supreme Court's priority is only the supremacy of the law in the country," CJP Khosa remarked. 

Earlier this month, the top court had sought a report from the special court regarding the delay in the high treason case and a reply from the government regarding measures taken for his return to the country.

High treason case

The Pakistan Muslim League-Nawaz (PML-N) government had filed the treason case against Musharraf over the president's imposition of extra-constitutional emergency in November 2007.

Earlier this year, head of the prosecution, Mohammad Akram Sheikh, tendered his resignation. In his resignation letter sent to the interior secretary, Sheikh expressed his inability to proceed with the case after the imminent change of government at the centre.

Sheikh was appointed as the head of the prosecution in the case in November 2013, by the then-PML-N led government.

The former army chief was indicted in the case in March 2014 after he appeared before the court and rejected all charges.

On March 18, 2016, the former president left Pakistan for Dubai for medical treatment after his name was removed from the Exit Control List on the orders of the Supreme Court.

A few months later, the special court had declared him a proclaimed offender and ordered the confiscation of his property owing to his no-show.

Later, on orders of the Supreme Court, Musharraf's passport and identity card were also cancelled.