The sessions court on Saturday, while rejecting the plea of former president Pervez Musharraf seeking permanent exemption from appearing before the court, issued his non-bailable warrants in connection with the murder case of Lal Masjid cleric Abdul Rashid Ghazi, who was killed in 2007. Additional Sessions Judge Islamabad, Pervez Qadir took up the case in which he dismissed the application of Musharraf for exemption from personal appearance in the trial Court on medical grounds.
The court issued the order and directed the authorities to produce Musharraf before the court on March 16. The counsel for Musharraf however intended to challenge the order of the sessions court in Islamabad High Court (IHC). In the court order, the learned Judge observed that the counsel of complainant vehemently opposed the application that the accused should not be allowed exemption on fancy and flimsy grounds of his health condition. He was very much healthy and had been appearing on various 'talk shows' on several TV channels of the country. Medical report, also, was not supporting his version as there was no clear cut information or detail provided regarding incapacity or inability of his movement, adding that the accused was considering himself above the law being EX-Army Chief and he had no regards and respect to the orders of the Court.
The court observed that nowhere it is mentioned in medical certificate that the accused cannot move or is incapable to travel and appear before the court. Thus the responsibility lies with the Court to look into the matter judiciously. The order stated that there are several applications before the court for his exemption to appear in person and non-compliance of the orders of the Hon. High Court to appear before trial court shows the conduct of the accused that he is bent upon not appearing before the trial court deliberately to face the trial in person and is seeking justice while sitting in his drawing room.
The order further stated that "the learned counsel for Musharraf has failed to substantiate his prayer for exemption of Musharraf from personal appearance/exemption before the trial court with tangible and cogent reasons. Hence, I do not find any reason to allow this application as no extraordinary circumstances/reasons exist in the application of the petitioner supported with medical certificate. Therefore, his application stands dismissed. Non-bailable warrants of petitioner be issued for March 3, 2016. Let a showcause notice be issued to the sureties of the accused and they be directed to ensure his presence in the court on the next date of hearing, failing which their bail bonds would be forfeited. After appearance before the trial court, the petitioner however is at liberty to move such application afresh, if he so desires, on fresh grounds." The 72-year-old former president has never appeared before the court during the previous 55 hearings. This is the fourth non-bailable arrest warrant issued against Musharraf in the case.
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