The Supreme Court on Monday ordered the special court to announce its judgment on the basis of available evidences produced by the prosecution side if former president Pervez Musharraf fails to appear on May 2.
The bench hearing the high treason case ordered that Musharraf will lose right of defense in the case over nonappearance on the next hearing. The top court ordered that former dictator will not be entitled to record his statement under section 342 if he doesn’t attend court proceeding. However, if the accused appears on the next hearing, he will be provided all facilities to present his defense, it stated.
A three member bench headed by Chief Justice Asif Saeed Khosa announced the reserved order after a short break on a high treason case proceeding against the former military ruler. Earlier, Chief Justice Asif Saeed asked Musharraf’s counsel whether the accused has given any assurance regarding his return. What will be the next option if the accused doesn’t fulfill his commitment, he inquired.
Musharraf’s counsel Suleman Safdar pleaded that his client wants to appear before the court to record his statement. He said Musharraf has given May 13 date for his return. The chief justice remarked that the court will not let the accused exploit the situation by not appearing before the court deliberately, adding that high treason is not an ordinary case.
Top court orders special court hearing treason case to announce judgment on the basis of available evidence if former president fails to appear
The prosecutor argued that the court has framed charges against the accused in his presence. The former president had earlier given assurance to appear before the court if summoned. CJP Khosa observed that the federal government itself allowed Musharraf to travel abroad and didn’t take measures to get him back. The government itself made the matter so complex, he maintained.
The CJP noted that a special court had decided in 2016 that the trial against Musharraf cannot move forward in his absence. The government didn’t challenge the decision of the special court, he stated, adding that the government carried itself to a close street. Petitioner Ahsanuddin Sheikh stated that the previous government of Pakistan Muslim League-Nawaz (PML-N) had given safe passage to Musharraf through an ‘NRO’. He prayed the court to use powers under Article 187 of the constitution. Musharraf’s counsel stated that his client has never been arrested rather he was allowed by the government to travel abroad by admitting his health situation. The government itself took this case as easy. The chief justice observed that a medical report may be produced on May 2, instead of Musharraf’s appearance. After a short break, the court ordered to continue trial in absence of Musharraf if he fails to appear on May 2. The bench ordered that the accused will be entitled to present his defense in case of nonappearance. The former president became absconder during the trial process, the court observed, adding that there is no need to record accused’s statement under section 342 if he fails to appear. The bench ordered the special court to announce judgment in high treason case on available evidence in the case on Musharraf’s nonappearance.
