Special Court on Wednesday stopped advocate Salman Safdar from defending former President General Pervez Musharraf (retd) in high treason case and directed Ministry of Law and Justice to send a panel of lawyers so it could appoint one to defend ex-army chief. The court noted that as per Supreme Court order dated April 1, 2019, Safdar can neither represent Musharraf nor defend him unless the accused [Musharraf] appears and surrenders before the court.
The court in pursuant of the Supreme Court's order declared that Musharraf's application under 265-K of CrPC is not entertainable at this stage. The bench order said: "In view of the Supreme Court order for further proceeding of the trial a counsel is to be appointed to defend Musharraf as required under Section 9 of the Act 1976." It directed the Ministry of Law and Justice to submit a panel of advocates for the purpose, along with the package of fee to be paid to the advocate.
A three-judge special court, headed by Chief Justice Balochistan High Court Tahira Safdar, and comprised Justice Nazar Akbar and Justice Shahid Kareem, heard the federal government's complaint against former Chief of Army Staff (CoAS) Pervez Musharraf of high treason under the Article 6 of the Constitution.
Onset of the proceeding, Salman Safdar representing Musharraf had filed an application and again sought adjournment that Musharraf's medical condition is not good therefore he could not appear before the court for recording of statement or cross-examination. He also submitted medical papers and photographs to support that Musharraf health condition is not good.
Prosecutor Tariq Hassan told the court that they don't want medical examination of Musharraf, adding this court has given many opportunities to Musharraf to appear before them physically and to record statement and be cross-examination under Section 342 of CrPC.
The court noted that such opportunities have already been given to the former army chief therefore no fresh request to enable him to physically appear before the court for cross-examination as required under Section 6 (1)(d) of the Criminal Law Amendment (Special Court) Act 1976 could be entertained.
The bench observed that the Supreme Court on April 1, 2019 passed an order, which said: "Once the trial has begun, the trial shall not be adjourned by reason of absence of any accused person due to illness, or if the absence of the accused or his counsel has been brought about by the accused himself, or if the behavior of the accused person prior to such absence has been, in the opinion of Special Court, such as to impede the course of justice. Section 9 of the Act 1976 mandates that the Special Court shall proceed with the trial after taking necessary steps to appoint an advocate to defend any such accused person. Section 9 is, therefore, an extension of the procedure for trial provided under Section 6 of the Act and supports the purpose of the special law." The Supreme Court also said that in the present circumstances of the case, the accused [Musharraf] is not merely absenting himself from attending the Special Court, he has also been declared a proclaimed offender on 12-07-2016. Being a fugitive from the law, the accused has lost his right to audience as per the apex court judgments. The accused has also lost the right to have an advocate appointed to defend him unless and until the accused surrenders before the court.
The Supreme Court said if Musharraf voluntarily chooses not to appear or join the proceeding, he would lose his right to an explanation under Section 342 of CrPC. Therefore it had declared that the Special Court shall proceed with the trial on the next date of hearing (May 2)
However, the Special Court on May 2 accepting Musharraf counsel's request for adjournment deferred the high treason case until June 12. President Special Court Tahira Safdar also issued notices to the prosecution on the application of defence counsel filed under Section 265 CrPC. On May 6 the court had dispatched questionnaires to the former General under section 342 CrPc. The case is adjourned until June 27.
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