The Special Court accepting the power of attorney of General Pervez Musharraf's (retd) counsel said on Tuesday that a questionnaire for former army chief would be prepared on the next date of hearing. A three-judge special court, headed by Chief Justice Balochistan High Court Tahira Safdar and comprising Justice Nazar Akbar and Justice Shahid Kareem, heard the federal government's complaint against former Chief of the Army Staff (COAS) Pervez Musharraf of high treason under Article 6 of the Constitution.
The court on October 15, 2018 had issued directions to form a commission to record statement of Musharraf under Section 342 of Pakistan Penal Code (PPC). The case was heard after five months following the retirement of Yawar Ali as Chief Justice of Lahore High Court on October 22, last year. At the onset of the proceedings, Musharraf's counsel Salman Safdar presented his power of attorney. Justice Tahira Safdar questioned whether this power of attorney could be accepted. The counsel said Musharraf has signed the power of attorney.
He contended that the Special Court in July 2016 had declared him a proclaimed offender, but last year it permitted the retired general to appear before it. He said the court had decided to record the statement of Musharraf on Skype or video link, which is not possible without his client's availability. Salman informed that Lahore High Court Bar Association and others have filed petitions in the Supreme Court that the Special Court has failed to conclude Musharraf's trial in high treason case despite the apex court orders.
He told that Supreme Court on March 7 had directed Registrar Special Court to submit report fortnightly about the progress made in Pervez Musharraf high treason case and reasons for the delay of trial. Salman Safdar sought some time, saying as he also has to assist the apex court regarding the matter therefore adjourn the matter.
He told that the case can't advance in the absence of Pervez Musharraf, adding the ex-COAS is seriously ill and admitted in a hospital. He can't stand, walk and talk, he added. He said Musharraf wants to face trial by appearing before the court, but his illness is not permitting him to come back as his chemotherapy going on.
He argued that according to Section 342 of Pakistan Penal Code (PPC), the accused should have all the documents related to the case, adding before law everyone is equal. Salman Safdar opposed the constitution of Commission to record Musharraf's statement under Section 342 PPC. He contended that all the commissions in earlier cases were those where the incidents took place abroad.
Justice Shahid Kareem remarked that so far the commission is not constituted then how he had challenged it before the Islamabad High Court. The counsel replied that the previous bench had given direction for its constitution. Justice Tahira inquired from the prosecutor general about the federal government's stance on the commission.
PG Naseer-ud-Din Nayyar told that the federal government got issued red warrant through Interpol, but the Agency refused to comply with Pakistan's request on the basis that they could not interfere in the political affairs of Pakistan. He said Musharraf could not be extradited to Pakistan as Pakistan does not have extradition treaty with the UAE. He requested the court to proceed with the matter in the absence of Musharraf and record his statement through Skype or video link.
Justice Nazar Akbar said Musharraf has seen all the case documents; therefore, without constituting a commission, the Court should proceed in the case and prepare the questionnaire for the former army chief. Justice Tahira questioned whether in the absence of the accused trial could be deemed valid. Justice Nazar said the prosecution has accepted the constitution of commission as it had not challenged that order. He, however, questioned whether the prosecution would like to stall the proceeding.
Naseer-ud-Din Nayyar stated that they would not have objection if the court wants to form a commission or record statement through Skype or video link as they don't like to become a hurdle in the way of justice. Musharraf's counsel said the Interior Ministry had filed complaint against his client and also allowed him to go abroad. He said the statements of eight witnesses were recorded in the absence of Musharraf.
Justice Nazar said they were not hearing case in the absence of Musharraf as his counsel is before this court. Justice Tahira said with the assistance of both the parties they wanted to make further progress in this case. The court said they will prepare questionnaire for Musharraf on next date of hearing and adjourned the hearing until March 28.