The Supreme Court, on Thursday, issued a notice to the registrar of a special court with regard to the delay in the high treason case against former army chief and president, General (retd) Pervez Musharraf. A three-judge bench, headed by Chief Justice of Pakistan, Justice Asif Saeed Khosa, heard a review petition filed by the Lahore High Court Bar Association on high treason proceedings under Article 6 of the Constitution.
It also sought a reply from the government to ensure his return to Pakistan. Justice Mazhar Alam and Justice Sajjad Ali Shah are also part of the bench. During the hearing, CJP Khosa remarked, “Petitioner Taufeeq Asif said Musharraf is not in the country and the trial has been halted.”
Inquiring upon the measures to call Musharaf back, he maintained, “It was said that the court allowed him to go abroad, but the government and not the court permitted him to. The court had left it to the government, the court order did not state that Musharraf be sent abroad.”
The bench was told that it was the government’s job to put Musharraf’s name on the Exit Control List (ECL), and now bring him back. He observed that if the former army chief could not come back, his statement could be recorded via video link.
“If he still does not record his statement via video link, then it will be understood that he has denied the charges and the special court can write ‘denied’ in front of all his statements,” Justice Khosa furthered.
The chief justice remarked, “If the accused is deliberately denying to appear (in the hearing) it must not handicap the court.” He then called on the special court for not following directives to take immediate steps. “The statement of the accused in court is a concession for him,” CJP Khosa added.
Special court to explain delay in proceedings in 15 days: CJP Khosa
The bench stated that a high treason case had been registered against Musharraf while a special court was formed for his trial. It was also said that the trial had been rested because the alleged was not present in the country. The top court then asked the special court registrar to submit a response explaining the delay in the case within 15 days. The chief justice also issued notices to the federal government and all respondents in the case. The attorney general was directed to submit a reply on behalf of the federal government and appear in person for the next hearing. CJP Khosa remarked, “Everyone is equal before the law.”
“We will not keep irrelevant cases under trial and pending,” he announced. With reference to the pending cases, the chief justice happily claimed that during the last one and a half months, such cases had been reduced by 2,000. The court adjourned the hearing till March 25. A treason case was filed against Musharraf in November 2013 by the Pakistan Muslim League-Nawaz (PML-N) government with reference to his imposition of extra-constitutional emergency in November 2007.
As the case went underway, prosecution head, Mohammad Akram Sheikh, resigned from his position last month in a letter sent to the interior secretary. He was appointed as the head of the prosecution in the case in November 2013 by the then-PML-N led government. Sheikh, however, believed that he was unable to proceed with the case after the change of those at the helm. Musharraf was indicted in the case in March 2014, when he appeared before the court and rejected all charges. His name was also placed on the no-fly list.
On March 18, 2016, the former army chief was given permission to travel abroad by the SC and he left Pakistan for Dubai for medical treatment. A few months later, the special court declared him a proclaimed offender; confiscating his property over him skipping the proceedings. Later, SC ordered the cancellation of on Musharraf’s passport and identity card since he failed to return to the country despite the last chance.
Published in Daily Times, March 8th 2019.
