Musharraf high treason case hearing resumes today

ISLAMABAD: The special court will resume the hearing into the high treason case against former President Pervez Musharraf, today (Tuesday), Geo News reported.

On Monday the Special Court trying the former president General (retd) Pervez Musharraf in the high treason case again exempted the former army chief from personal appearance for a day and summoned a medical certificate from the Armed Forces Institute of Cardiology (AFIC).

Pervez Musharraf failed to appear before the special court on Monday for the fourth time in a row. A three-member bench of the special court, headed by Justice Fasial Arab and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali, resumed hearing into the complaint, lodged by the Federation for initiating a high treason trial against Musharaf for abrogating the Constitution while declaring a state of emergency on November 3, 2007.

Special Prosecutor Muhammad Akram Sheikh, stressing the court to issue non-bailable arrest warrants, said the accused was flouting the orders of the august court. “A person cannot hide in the Armed Forces Institute of Cardiology (AFIC) avoiding appearance before the court,” Sheikh contended.

The defence counsel strongly protested against these remarks. Anwar Mansoor Khan, a member of Musharaf’s legal team, told the court that an institution should not be maligned.“This is not an assembly, so please avoid cross-talks,” Justice Faisal Arab asked both the sides. He told the defence counsel that it was the prosecutor’s personal view.

The court in its order ruled that it would be inappropriate to issue the arrest warrants since Musharaf was undergoing treatment in hospital.Having granted Musharraf an exemption from appearance for one day, it summoned a medical certificate from the AFIC by 11.30am today (Tuesday) and adjourned the proceedings.

Earlier, Sheikh argued that the majesty of law should not be compromised adding that till date no medical certificate and no application was filed before the court, suggesting any physical disability of the accused.

“Your lordships have the command to proceed with the case in accordance with the law and should issue production order of the accused,” Sheikh said. He said the court had twice exempted the accused from appearance despite the fact that no medical certificate was filed.

“I have to defend the dignity of this court and there is no exemption for the accused under the Criminal Law Amended (Special Court) Act 1976,” Sheikh submitted.The special prosecutor contended that the executive had done nothing wrong and acted in accordance with law by constituting a special court on this issue.

He contended that instead of filing appeals before this court, the defence side filed appeals in the Islamabad High Court against the constitution of the Special Court and appointment of the special prosecutor which are still pending.

He also referred to various provisions and sections of the Criminal Law Amendment (Special Court) Act 1976.

Referring to Section 6 (2)of the Act, Sheikh contended that the special court has the power to punish any person who obstructs or abuses its process or disobeys any of its orders or directions, or does anything which tends to prejudice the case of a party before it, or tends to bring it or any of its members into hatred or contempt, or does anything which, by law, constitutes contempt of court, with simple imprisonment for a term which may extend to six months or with fine which may extend to two hundred rupees or with both.

Sheikh also referred to Section 10 of the Criminal Law Amended (Special Court) Act 1976.

Earlier, Musharraf’s counsel Anwar Mansoor Khan argued that there was no provision in the Criminal Special Act allowing the arrest of his client.Justice Faisal Arab asked him to first let the court know about Pervez Musharraf ‘s appearance in the court.

Anwar Mansoor said he should first be allowed to complete his arguments, while the court insisted the counsel should come out with a clear statement whether Musharraf will appear today in the court or not. Anwar Mansoor replied he had no meeting with Musharraf and perhaps he was not coming.

Sharifuddin Pirzada, senior defence lawyer of Pervez Musharaf, told the court that everyone knows that ailing Musharraf was under treatment in hospital. Anwar Mansoor, continuing with his argument, said in accordance with the laid down procedure in the Criminal Special Act, there was no provision for arrest under this law. Arrest is made under criminal procedure, he argued.

Later, the court adjourned the hearing till today (Tuesday).

Agencies add: Sheikh argued that the Special Court was constituted as per law as all legal and constitutional formalities were strictly observed during the whole process.He maintained that the chief justice of Pakistan had sought nomination of judges for the special court from all the five high courts, out of which three names were finalized as per seniority.

Akram Sheikh apprised the court that his appointment as special prosecutor had been challenged by the defendants and the matter was pending in the Supreme Court. He said once an application was entertained by the court, a window would open for filing more such applications and requested the court not to entertain the same.

He argued that the proceedings should not be stretched to weeks or months as it was a matter of days only.Giving the example of former army chief General (Retd) Mirza Aslam Beg, he stated that Gen Beg used to attend the Supreme Court hearings in a case for 17 years. Gen Beg had attended 117 hearings, then why could not Musharraf attend the Special Court hearings, he asked.

He maintained that today’s independent judiciary was the result of a struggle of great pain and efforts by judges, lawyers, media, social society and others. It got a respectable status on March 9, 2007 and an individual should not be allowed to damage it.

Musharraf’s lawyer Kasuri told the media that his client had not been shifted to room from the CCU yet. Moreover, police personnel barred the entry of media persons, who had arrived to cover the hearing, in the court premises. The media representatives staged a protest against the police action.