Ministry of Law and Justice on Thursday submitted names of lawyers to the Special Court to select one of them to defend General Pervez Musharraf (retd) in the high treason case.
The list included names of Barrister Ali Zafar, former law minister, Raja Amir Abbas, former Additional Prosecutor General NAB, Shah Khawar, former additional judge of the Lahore High Court, Riaz Hanif Rahi, the lawyer who has filed a petition against Justice Qazi Faez Isa, Isfaq Shah and Tahir Malik.
Acting Secretary Ministry of Law and Justice Arshad Farooq Fahim shared with Business Recorder that as per the court's direction, they wrote to the lawyers on June 21, but so far only advocate Shah Khawar responded, adding that he (Khawar) told that after examining the case file, he would decide about his willing whether or not to represent Musharraf in high treason case.
The Special Court on June 12 restrained Advocate Salman Safdar from defending former President General Pervez Musharraf (retd) and directed Ministry of Law and Justice to submit a list of lawyers so it could appoint one out of them to defend the ex-army chief.
The hearing of Musharraf case could not be held as the judges did not reach Islamabad. Registrar Special Rao Abdul Jabbar announced that the case is adjourned until July 23 as the judges could not come. Special Court comprises Chief Justice Balochistan High Court Tahira Safdar, Justice Nazar Akbar and Justice Shahid Kareem.
The Special Court has been hearing the federal government's complaint against former Chief of Army Staff (COoAS) Pervez Musharraf regarding high treason under the Article 6 of Constitution since January 2014.
The Supreme Court on 1st April 2019 ordered: "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 behaviour 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 the 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 only absenting himself from attending the Special Court but 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 judgements. 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).
The Special Court in view of the Supreme Court order dated 1st April, 2019 told Salman Safdar Advocate that neither could he represent Musharraf nor could defend him, with the exception the accused appears and surrenders himself before the court.
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