The Special Court on Monday directed for constituting a commission to record statement of former Army Chief General Pervez Musharraf (retd) under the Section 342 of Code of Criminal Procedure (CrPC). The commission will go to Dubai for recording Musharraf's statement.
A three-judge Special Court presided over by Chief Justice Lahore High Court, Yawar Ali and comprising Chief Justice Balochistan High Court Tahira Safdar and Justice Nazar Akbar of Sindh High Court heard the federal government's complaint against Musharraf for promulgating emergency and issuing Provisional Constitutional Order (PCO) on November 03, 2007.
At the outset of the hearing, defence counsel Barrister Salman Safdar informed that worsening health of Musharraf has been preventing him from returning to Pakistan.
Salman Safdar submitted a written statement with respect to ex-CoAS' response relating to possibility of statement under the Section 342 of CrPC being recorded via Skype/video link.
Salman Safdar said that he had talked to Musharraf and explained to him about recording of statement and sought instruction as to whether the defendant would like to get such statement recorded via Skype/video link.
He said that Musharraf expressed his desire to return to Pakistan once his medical condition enables him to do so to record statement under the Section 342 of CrPC by appearing before the court. Musharraf also expressed eagerness to join the proceedings before the court.
Moreover, he wished that this court to appreciate the gravity of the charges against him and that crucial significance be granted to the fact that his narrative will be crucial in uncovering the truth. He also told the court that Musharraf said that he is not a coward and by appearing before the court he will present evidence and he is not scared of anyone.
Justice Yawar Ali inquired if Musharraf's statement could not be recorded on Skype then what the stance of the prosecution is. Prosecutor General Naseer-ud-Din said that the court had provided an opportunity to Musharraf to record his statement, but he did not avail it.
He said the medical certificate of Musharraf presented by his counsel is of American Hospital, Dubai. He noted that prima facie it appears to be an old certificate. He said that Musharraf has been suffering from heart ailment since long. In October a doctor had examined his client, and if the court wants new medical certificate then sometime should be given for it.
Justice Yawar inquired from the prosecution side how this court in the absence of Musharraf could order for the recording of his statement under section 342 of CrPC as it has to be recorded under the law and without this the case could not proceed further.
Naseer-ud-Din argued that Musharraf's past record is before the court that he was not ready to record statement via video link. The court then took a break for discussing the matter.
After the break, the court in a short order said that it is the mandate of the law that the accused statement be recorded under the Section 342; therefore "we have decided to constitute a commission to record Musharraf's statement. The commission would go to Musharraf's residence in Dubai for recording the statement."
Defence counsel Salman Safdar contended that he would present his stance on the next date of hearing regarding recording of statement. However, Justice Yawar Ali said that the court had decided the matter and if he has any objection then he could challenge this order in the high court. Justice Yawar Ali said as he is going to retire on October 21; therefore, the case was adjourned until November 14.