ISLAMABAD: The outgoing federal government wants early verdict in the high treason case against former military ruler Pervez Musharraf. The case has been pending before a special court since December 2013.

The chief prosecutor, Mohammad Akram Sheikh, filed an application on Saturday titled “Federal Government of Pakistan versus retired General Pervez Musharraf” requesting the three-judge court headed by Lahore High Court Chief Justice Yawar Ali to conclude the trial without further delay.

The application stated that the former military dictator who managed to go abroad to dodge the treason trial was damaging the repute of the country’s armed forces.

“The turn of events have unfolded and he has categorically made statement to the media abroad that he left the country with the help of his institution thereby casting aspersions on our armed forces and its then chief retired Gen Raheel Sharif,” the application said.

In fresh application submitted to court, chief prosecutor says ex-military ruler is damaging repute of Pakistan’s armed forces

As per the application, Mr Musharraf from the very outset avoided appearance in the special court seized with the high treason case.

The application stated that taking cognizance of a complaint filed by the federal government through the interior ministry on Dec 13, 2013, the special court summoned Mr Musharraf on Dec 24. “The accused [Mr Musharraf] on one pretext or the other failed to appear until the special court issued bailable warrants for his arrest on February 18, 2014… the accused has been indicted and pleaded not guilty to the charges on March 31…the prosecution evidence commenced on June 17 and concluded on September 18, 2014.”

The court on March 8, 2016 summoned Mr Musharraf for recording his statement under Section 342 of the Criminal Procedure Code (CrPC), the application said, adding that “compliance of Section 342 CrPC depends on the conduct of the accused”.

The objective of Section 342 CrPC is to provide an opportunity to an accused to explain the circumstances and give his version of events. It is a beneficial arrangement, which ensures that an accused is not taken by surprise and is designated to acquaint him with the evidence against him so as to possibly vindicate his position. It says that in case the accused deliberately avoids appearance the court might conclude the trial even in his absence.

However, since the federal government “in pursuant to the orders of the Supreme Court deleted the accused name from the Exit Control List he consequently fled from the country for “medical treatment”, the application pointed out.

According to the application, “it is a matter of common knowledge that shortly after leaving Pakistan he was seen on videos shared on social media sites where he is swaying to the beats of the music in wedding festivities and during his three months preferred stay in Armed Forces Institute of Cardiology (AFIC) he did not receive a single tablet of aspirin or underwent any angiogram test as according to him at that time the angiogram posed a potential threat to his life”.

The special court has declared Mr Musharraf an absconder, issued perpetual warrants of his arrest and commenced proceedings under Section 87, 88 CrPC for attachment of his properties on July 19, 2016. However, the legal heirs of Mr Musharraf challenged the attachment of properties and the matter is pending before the special court.

It may be mentioned that on March 8, 2018, chief prosecutor Sheikh while referring to the reference on assets beyond means against former finance minister Ishaq Dar pointed out before the court that the accountability court is conducting proceedings in the absence of the accused.

Published in Dawn, April 29th, 2018