Former military ruler Pervez Musharraf's treason trial has been meandering along since it was instituted in December 2013 with no end in sight. Musharraf is charged with the ultimate crime against the state for imposing a state of emergency on November 3, 2007. It has suffered delays ever since for a variety of reasons. Eventually, it came to a standstill when Musharraf left the country in 2016 and never returned despite being summoned by the special court hearing the case. As a result, he was declared an absconder. At first Musharraf had cited security concerns for his reluctance to appear before the special court. Now his counsel has stated that the former military dictator is willing to return and appear before the court but his health is preventing him from travelling to Pakistan. Musharraf has refused the suggestion to record his statement via video link. He claims he wants to return and record his statement personally but is constrained from doing so because of ill health. It is incumbent for the court to record the accused's statement under Section 342 of the Criminal Procedure Code so that he can mount his defence against the charge of treason. After hearing Musharraf's counsel, the special court ordered the formation of a commission to travel abroad and record the former military dictator's statement. The composition and scope of the commission has yet to be determined. Musharraf's counsel told the media he would wait for the written order of the special court regarding the commission before seeking instructions from his client to challenge it before the appropriate forum. The trial could face another delay since the special court head, Chief Justice of the Lahore High Court Yawar Ali is due to retire on October 22, 2018 and the trial proceedings have been postponed till November. That means a reconstituted special court will have to proceed from then on anew.
It is clear from the track record of the treason trial that Musharraf has been finding one excuse after the other to avoid returning and facing the serious charge against him. Reports speak of his frail health of late, but it is public knowledge that he has been politically and socially active for years after going into 'exile'. During this period of relative good health, he made no effort to return, instead offering one excuse after the other to avoid it. It was when the special court ran out of patience with his dilly dallying tactics that he was declared an absconder with the suggestion being mooted that his identity card and passport should be cancelled and he should be arrested and brought back with the cooperation of the Gulf authorities where he resides at present. But the former dictator's feathers remained unruffled. Now it remains to be seen whether the commission ordered by the special court comes into existence without inordinate delay and is able to pin down the elusive accused in his 'lair' for the required statement.
Military dictators in our history have never been brought to justice for their heinous crime of violating the Constitution through overthrowing civilian governments and perpetuating their rule until one or the other set of circumstances forced them out. Our first dictator Field Marshal Ayub Khan was ousted as a result of a countrywide agitation for many months in 1968-69 that brought army chief General Yahya Khan to power in his stead. Yahya fell after the East Pakistan debacle but was only declared a usurper by the Supreme Court after he had left office. General Ziaul Haq was killed in an air crash while still in power. Now Musharraf has been playing ducks and drakes with the justice system to avoid paying the potential penalty for violating the Constitution. Pakistan still awaits a violator of the constitution being brought to justice, but don't hold your breath.
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