ISLAMABAD: The federal government has rejected conditions set by former president retired Gen Pervez Musharraf, such as the provision of military security and safe passage back to Dubai, to face his high treason trial.

In a response submitted to the three judge special court seized with the high treason case, the federal government said on Wednesday that being an absconder for high treason Mr Musharraf cannot seek any relief until he surrenders before the court.

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The response stated: “An absconder cannot dictate his prerequisites to the court and give conditions, that too his own subjective satisfaction, as to when he will appear and for how long.”

Mr Musharraf filed an application before the special court on May 5 in which he expressed willingness to face the trial under military protection and assurance from the court that he would be given safe passage back to Dubai.

Former dictator cannot seek any relief until he surrenders before court, govt tells special court

Through its chief prosecutor in the case, Mohammad Akram Sheikh, the government said: “The application has been filed only to prolong the conclusion of the trial. That similar applications requesting ‘foolproof’ security and citing medical and security reasons have previously be made in the other cases pending against the absconding accused but no other court allowed these requests.”

However, the government said it was willing to provide “all due security” to Mr Musharraf, “as per his entitlement”. It also said that measures of effectiveness of the security cannot be left to the whims of the absconding suspect, as in that case, security measures would never be found adequate.

The federal government called Mr Musharraf’s demands delaying tactics, and said the suspect’s conduct showed he had no desire to appear in court. The response also expressed doubts about the authenticity of the medical reports and papers of attorney filed by Mr Musharraf’s counsel.

“It said: “There is neither any independently verified evidence of the ailments and travel restrictions nor has any material been placed on record.”

With regards to the papers of attorney, the response said: “The attestation by consulate general of Pakistan, Dubai is dated August 9, 2016, whereas the body of the vakaltnama has an overwritten date as April 30, 2017, which on the face of its shows that it is not an authentic document.”

According to the reply, the court vide order dated July 19, 2016, declared Mr Musharraf to be a proclaimed offender/absconder and perpetual arrest warrants have been issued against him, after which proceedings to confiscate his properties have also been initiated.

The government asked the court to dismiss Mr Musharraf’s application seeking military security and safe passage to Dubai, and to take “all appropriate coercive measures to procure the attendance of absconding accused to complete the trial”.

The special court will resume proceedings in the high treason trial on May 19.

Published in Dawn, May 18th, 2017