ISLAMABAD – A special court hearing a case pertaining to charges of high treason ordered former president Pervez Musharraf to appear before it on May 2.
During the case hearing on Thursday, the counsel for Musharraf contended that his client wished to appear before the court on May 13, however, the three-member bench headed by Justice Tahira Safdar directed Musharraf to appear in court before the start of Ramazan.
“If he can come to court on May 13, Musharraf can also appear before the court on May 2. If he doesn’t, the court will pass an appropriate order regarding recording his statement,” Justice Tahira remarked.
A questionnaire to the Musharraf’s counsel was also provided during the hearing that the former president is expected to answer under Section 342 of the Code of Criminal Procedures (CrPC).
Earlier in the hearing, Safdar pleaded the court to discard the case on the basis of CrPC Section 265(Language of record and judgment), arguing that the case should be treated like any other case.
“You cannot record a statement under Section 342 in Musharraf’s absence. If the suspect is to be punished, his presence in court is necessary,” he contended.
Upon this, Justice Tahira said that the court would hear the new request later.
“First, tell us whether your arguments regarding Musharraf’s appearance in court have been completed,” the judge questioned and asked the prosecution lawyer what options the court had if a suspect avoids an appearance before the bench in such a case.
To this, the prosecution’s lawyer replied that in the absence of the accused, his lawyer’s appearance could be counted as his appearance in court.
“If the lawyer is also declining to appear before the court then what happens?” Justice Tahira asked to which she was informed that in such a case, under Section 9 of special court rules, the court itself can appoint a lawyer.
Musharraf’s lawyer requested the complete record of treason case, to which the court observed that a formal written application needs to be submitted for the said purpose.
Musharraf’s lawyer expressed that the former president was suffering from heart issues and is also undergoing chemotherapy, which requires him to remain at the hospital for 8 hours every day. The lawyer revealed that he had recently taken a fall and hurt his back.
The case relates to the indictment of Musharraf for high treason which was done in March 2014. The former president left for Dubai in 2016 to “seek medical treatment” but did not return back.
