ISLAMABAD: As the Supreme Court commences on Tuesday consideration of an urgent request by former president retired Gen Pervez Musharraf for granting him one-time permission to go abroad for medical treatment, two more applications were moved — one in support of his plea and the other against it.
A bench consisting of Chief Justice Anwar Zaheer Jamali, Justice Amir Hani Muslim and Justice Khilji Arif Hussain will hear Mr Musharraf’s application moved on Feb 25 by his counsel Advocate Chaudhry Faisal Hussain.
Mr Musharraf is facing a treason trial for clamping an emergency in the country on Nov 3, 2007.
On Monday, he filed a medical certificate issued by Dr M Sohail Rafi, an Associate Professor of Dr Ziauddin Hospital stating that after examination he had recommended Mr Musharraf to undergo a special surgery since the kind of numbness and slight weakness he was feeling on his left foot puts him in the urgency to get this operation as soon as possible.
The doctor has also suggested that the latest minimally invasive pedicle screw fixation under the spine navigation system and motor evoked potentials monitoring system is not available till date in Pakistan.
The certificate also confirms that Mr Musharraf was admitted in Dr Ziauddin Hospital on March 13 as he was complaining of acute severe lower back pain and left leg radiculopathy and numbness. The patient has these episodes frequently for one month and was admitted twice in another hospital in Karachi. His previous MRI and CT scans show spondylolysis, the report said.
Mr Musharraf has also been ordered by a three-member special court seized with the high treason case to record his statement before it on March 31 under Section 342 of the Criminal Procedure Code — a statement which is usually recorded after prosecution closes recording of its evidence.
On the other hand Haroon Rashid, a son of Lal Masjid cleric Ghazi Abdul Rashid who was killed during the 2007 military operation has moved a petition through his counsel Tariq Asad with a request to dismiss Mr Musharraf’s plea of seeking surgery abroad.
If we see the last two years record, the application explained, we will find that Mr Musharraf had been interviewed by 40 television channels during this period while he attended a number of functions in which he was seen even dancing.
“But whenever his date of hearing in the court draws nearer, his health condition becomes dreary and dismal and he fell sick. If Musharraf really needed treatment then he should have taken it seriously instead of attending functions and television talk shows,” the petition said.
“It is believed that in Pakistan the facilities of treatment including surgery of all kinds of diseases are available and in case any equipment is not available, the federal government can be directed to import such equipment on an emergency basis which will also benefit patients with similar ailments.”
The application said Mr Musharraf was rushed to the hospital for treatment the day when a local trial court, seized with a murder case of Lal Masjid cleric, had issued his non-bailable warrant.
To support the claim of ailment, the petition highlighted, Mr Musharraf had annexed different medical certificates like of April 26 and May 4, 2014 and a latest report of Feb 25, 2016, but the one filed before the trial court was different, which seem apparently to be fake.
The applicant will file a complaint under Section 476 CrPC against Mr Musharraf, his consultant and counsel, the application said.
On March 15 the Supreme Court may also take up a pending federal government’s appeal against the June 12 Sindh High Court order of removing Mr Musharraf’s name from the ECL.
The appeal was rushed by the government on June 14, 2014, challenging high court’s order on the apprehensions that once Mr Musharraf left the country he may not return to stand a treason trial under Article 6 of the Constitution.
Published in Dawn, March 15th, 2016