The Special Court will take up the high treason case against former President and Army Chief General Pervez Musharraf (retd) today (Thursday). Justice Tahira Safdar, President Special Court, on March 28 had summoned Musharraf on May 2 for recording statement under the Section 342 of CrPC. Justice Tahira warned if the ex-CoAS does not appear on the next date of hearing then the court shall pass a specific order regarding the matter.
Musharraf's counsel Salman Safdar on the last hearing (March 28) informed the Special Court, "I am told by ex-army chief's daughter that he [Musharraf] is eager to come back and surrender before the court, lead the defence and record statement on May 13, 2019." However, the bench ordered Musharraf to appear on May 2 for recording his statement under Section 342 CrPC.
Salman Safdar, again on April 29, told the media that despite his deteriorating health condition, Musharraf is determined to appear before the court that has summoned him for the hearing scheduled for May 2.
The lawyer said because of his fragile health condition, the approval of his personal physician in the current circumstances is necessary. However, family sources have confirmed his arrival date, he added.
The Supreme Court on 1st April, 2019 asked the Special Court to proceed with the trial of high treason on the next date of hearing (May 2) in case General Pervez Musharraf (retd) does not surrender and appear to record statement under section 342, CrPC.
The apex court ordered: "In case the accused fails to appear on the next date of hearing, being a proclaimed offender, the Special Court is empowered to proceed against the accused even in his absence under section 9 of the Act."
The court also said: "Section 342 of CrPC enables the accused (ex-army chief) to explain any circumstances appearing against him in the evidence." However, in the context of this Act, if he voluntarily chooses not to appear or join the proceedings, he loses his right to such an explanation." Similarly, the accused being a proclaimed offender loses his right to audience and forfeits his right to put up a defence.
The order said that on 24.2.2016, in Abdul Hameed Dogar vs federal government through secretary interior and others, the apex court had directed the Special Court to proceed with the trial of the accused with all convenient dispatch and without any unnecessary delay.
"Looking at the progress of the trial, we note with concern that complaint against the accused was filed on 12.12.2013 before the Special Court, the charge was framed on 31.3.2014 and the prosecution evidence was closed on 18.9.2014 and since then the matter has been dragging on due to absence of the accused. The report of the Registrar Special Court cuts a sorry picture of the long delay in the trial," said the apex court.