Special court decides to hear high treason case on daily basis

Special Court on Thursday decided to hear high treason case on a daily basis from December 5, and said former army chief General Pervez Musharraf (retd) can record his statement under Section 342 of Code of Criminal Procedure, 1898 before that date.

The Islamabad High Court (IHC) on November 27 stopped the Special Court from announcing its reserved judgment on the petition of Ministry of Interior. "For reasons to be recorded later, we allow writ petition [...] filed by the Ministry of Interior," said the IHC short order.

A three-member Special Court headed by Justice Waqar Ahmed Seth and comprising Justice Nazar Akbar and Justice Shahid Kareem reserved the verdict on November 19.

The secretary interior had filed the petition under Article 199 of Constitution to set aside the Special Court order dated November 19, 2019. The petitioner stated that the Special Court's decision to reserve its verdict in the case is in violation of the Constitution because it was issued without giving the ministry the opportunity to notify a new prosecution team in the case and because the judgment is set to be passed without hearing the prosecution during the trial.

The IHC directed the federal government to notify a new prosecutor or a team of prosecution in the treason case by December 5. In addition, the Special Court was ordered to fix a date 'for affording a reasonable opportunity of hearing' to the notified prosecutor or prosecution team as well as the counsel appointed for Musharraf.

During the course of proceedings, Justice Waqar told the Interior Ministry's representative that the high court had granted the government time till December 5 to appoint the prosecution team. "After December 5, we will not give you further time," he said, adding they would hear the case on a daily basis after that date.

The judge said Musharraf could record his statements anytime before the next hearing, and added the court would not accept any application after the hearing.

"We are only bound by the Supreme Court's orders," said Justice Shahid Karim. "We will not comment on the high court's decision," added Justice Waqar.

The court expressed its displeasure at the non-submission of a written reply by Raza Bashir, who was appointed by the Special Court to represent Pervez Musharraf.

The case was adjourned until December 5.

The former president General Musharraf (retd) is facing high treason case under Article 6 of Constitution for suspending and abrogating constitution on 3rd November 2007 and promulgated emergency and Provisional Constitution Order (PCO) in the country.