ISLAMABAD: Having initiated proceedings against former military ruler Pervez Musharraf for high treason in December last year, the special court remains nowhere as despite the lapse of two-and-a-half months, it has not been able to move beyond summoning him for indictment.

Since Dec 13, the bench has assembled 24 times. In November, the federal government issued the notification for Gen Musharraf’s trial under Article 6 for imposing emergency on Nov 3, 2007.

On Dec 13, the special court summoned the former ruler for Dec 24. When the court resumed the hearing, Mr Musharraf was absent from the courtroom and the court summoned him again on Jan 1. However, Mr Musharraf remained absent and was asked again to appear before the court the next day.

Mr Musharraf finally appeared before the court on Feb 18, but escaped being indicted as the court announced that it would decide about its jurisdiction on Feb 21, after which it would announce a summons for indictment.

At the last hearing, the court assumed jurisdiction of the high treason case and while rejecting Mr Musharraf’s plea for transferring the case to a military court, summoned him on March 11 for the framing of charges.

Mohammad Ishaq, a lawyer, told Dawn that Mr Musharraf’s trial has yet to start as so far the court has been deciding on miscellaneous applications of the former president.

Since the start of proceedings, Mr Musharraf’s lawyers have filed three applications before the special court challenging its jurisdiction, the establishment of the special court and the appointment of advocate Mohammad Akram Sheikh as head of the prosecution team.

According to Mr Ishaq, the court has to decide on these applications before moving ahead with the trial. “The court has been stuck with other matters and the bench has to decide on the applications before formally commencing the trial,” he commented.

The prosecution team appears concerned about the delay, but believes that showing patience will dispel the impression that the special court amounts to a kangaroo court. Sardar Asmatullah, a senior lawyer with the prosecution team, admitted that the special court was still in the same position as it was on Dec 13. According to him, the applications filed by the defence team delayed the trial.

Decisions on these applications were also mandatory because the judges are to avoid the impression that they are proceeding with the matter under a particular mindset.

Faisal Hussain, one of Mr Musharraf’s lawyers, said that the filing of the applications was part of their strategy. He termed it a success of the defence team that they had kept matters at a standstill for about three months despite a hostile media and an unfriendly bench. “Since the commencement of the proceedings in December,” he said, “not a single order has come in our favour.”

Advocate Hussain expressed the hope that their strategy would drag the case on for years, saying “I don’t expect that the special court will be able to decide on the matter for at least the next couple of years”.