Judicial commission to record Musharraf's statement in treason case

Haseeb Bhatti Published October 15, 2018

Former president Pervez Musharraf has been out of the country since March 2016. ─ File photo

After former military dictator retired Gen Pervez Musharraf ─ who has been out of the country since March 2016 ─ declined to record his statement in a treason case via video link, a special court on Monday ordered the formation of a judicial commission that will go abroad to record his statement in accordance with Section 342 of the Code of Criminal Procedure.

The former president's lawyer told a special court bench comprising Justice Yawar Ali, Justice Tahira Safdar and Justice Nazar Akbar seized with a high treason case initiated against Musharraf for suspending the Constitution on Nov 3, 2007 ─ an offence for which he was indicted on March 31, 2014 ─ that his client was was unable to record his statement via video link since he is indisposed.

Justice Ali asked the lawyer whether Musharraf had been diagnosed with cancer, to which the counsel responded that the former military ruler had been diagnosed with heart problems.

"He says he is not a coward. He wishes to appear before the court himself and present the evidence in his defence," the lawyer added.

Justice Yawar Ali deliberated whether the case could proceed in the absence of a statement recorded by Musharraf under Section 342 and asked the prosecution lawyer if it was possible to do so.

"The accused is in a foreign country right now. According to his lawyer, he is very ill," Justice Ali noted.

"Pervez Musharraf's previous record is before us," the prosecution lawyer said. "He is not ready to record a statement via video link."

"We are told that Pervez Musharraf cannot appear in court due to his illness," the bench observed. "He wishes to record his statement in the treason case."

Subsequently, the court decided to order the formation of a judicial commission that will travel abroad in order to record Musharraf's statement in the case.

The members of the commission and its scope will be decided later, the bench maintained, adding that if anyone had objections, they could challenge the formation of the commission before the high court.

This is also Justice Ali's last hearing of the case, as he will be retiring soon. Future case proceedings will either be heard by a new special court bench or by the high court, DawnNewsTV reported.

The case was adjourned until Nov 14.

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RAJA CHILL

Oct 15, 2018 12:13pm

Why not over vedio link ? If he is innocent it is fastest way for proceedings.

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M. Saeed

Oct 15, 2018 12:27pm

Since doctrine of necessity was outlawed by the parliament, much after its application by Musharraf, it cannot be applied retrospectively as the time cannot be re-winded.

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ARIF

Oct 15, 2018 12:36pm

Enjoy dancing in Dubai and never return to Pakistan. Otherwise it will be very difficult to get relief this time.

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ExMohajirinUK

Oct 15, 2018 12:39pm

Musharraf The Brave

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Sami

Oct 15, 2018 01:20pm

Musharaff will be successfully exonerated by our self-proclaimed honest authorities.

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420

Oct 15, 2018 01:20pm

Old drama under military censorship , nothing would halt?

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Anti-Corruption_Pakistani

Oct 15, 2018 01:50pm

Justice must prevail and seen to be working for all, no matter who they are - whether they are ex President or ex PM. Public want to see end results without any topi dramas.

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Chishti

Oct 15, 2018 02:02pm

i m not paying for the visit, please A tax payer

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Ravi

Oct 15, 2018 02:07pm

All false. Very good base for cover up.

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Farhan

Oct 15, 2018 02:11pm

They should withdraw the extradition request for Ishaq Dar and send a judicial commission to meet him. Law should be equal for all.

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Saif Zulfiqar

Oct 15, 2018 02:31pm

Cases against the honest President was filed by Nawaz Shariff, who himself is corrupt and made the country in huge debts.

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M. Emad

Oct 15, 2018 02:34pm

Great Leader!

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Shahid

Oct 15, 2018 02:37pm

Absolutely bad precedence.

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Oct 15, 2018 02:43pm

What happened to big claim of bringing him through interpol? What result court will achieve by sending JIT to record his statement wasting of tax payers money for nothing.

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khaja

Oct 15, 2018 03:25pm

Why the Supreme Court is giving him so many options?Simply put him behind the bar for violating the Constitution.

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timetostopthis

Oct 15, 2018 03:48pm

NS is braver than this man. He came back to this country even though he knew what his fate was going to be.

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Hedonist

Oct 15, 2018 03:49pm

Musharraf,who ruled Pakistan for a long time, should also share the blame for current economic crisis in Pakistan.

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Danish

Oct 15, 2018 03:58pm

Who cares now he is out of business now this case will end without any conclusion anyway after few years.

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Sab Se Pehle Pakistan

Oct 15, 2018 03:59pm

General Parvaiz Musharraf is a great and honest man. He is being punished for belonging to a particular ethnic background. Pakistan flourished under the leadership of this great man. He is very sick please let him be in peace and allow him to recover. The nation prays for your good health General sahab.

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Sab Se Pehle Pakistan

Oct 15, 2018 04:16pm

@Saif Zulfiqar: True. General Musharraf is a great and honest man but unfortunately he is urdu speaking. Hence this treatment is understandable.

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Iftikhar Husain

Oct 15, 2018 04:20pm

There is enough material already before the court that could not prove he was guilty we all know this case was initiated by NS in revenge. Please do not waste time and money on this.

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Prasan

Oct 15, 2018 04:28pm

That sure is convenient. While spending tax payer money in london, they can also say hi to Altaf, Ishaq and close their cases as well. Oops or is this special privelage only for the boys. But then Kasab was a boy as well, although different kind, or it may be for only those boys whom everyone fears.

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Oct 15, 2018 04:38pm

Consficat hiw property and assets in Pakistan as done in Ishaq Dar case. Why double standards?

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Ijaz

Oct 15, 2018 04:43pm

So how much will forming a commission, flying out to meet his royal highness, seeking an audience and then granting him a darbar to utter his royal words (without the opportunity for cross examination) cost? The simplest way forward is try him in absentia and declare him an absconder.

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Khaja

Oct 15, 2018 05:24pm

@Iftikhar Husain Did he not overthrow a democratically elected government at gun point? What more papers are required to put him behind the bar,? A subordinate became above of everything over night.

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IKkarachi

Oct 15, 2018 05:30pm

Country is bankrupt and you are sending team to Dubai? Mush Better pay for it as His billions of Rupees belonged to Pak

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IKkarachi

Oct 15, 2018 05:31pm

Politicians and Chancellors of Universities are hand cuffed but our Khalaai people are always exempted. 55% budget spends on Defence and they are looking for clues of corruption

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Dr. Farooq Siddiqui

Oct 15, 2018 06:10pm

Musharraf should be tried for treason as he had no right to take over the government. If he does not come back voluntarily, his property should be possessed by the government and sold as an interim measure. All efforts need to be made for his return. Same efforts should be made to bring younger Sharifs, Shahbaz Sharif's son in law, Ishaq Dar and others. These steps will ensure having enough funds to fill in the stop gap measures to compensate for the budget deficit, while positive action bears results.

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Ahmed

Oct 15, 2018 06:16pm

When a defendant refuses to appear for almost four years the procedure calls for an ex parte decision. Was Senator Dar allowed such leeway before his properties were ordered to be confiscated and auctioned? Why are so many exceptions made here?

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Oct 15, 2018 06:18pm

He should stay away from politics and never go to Pakistan again to get involved endless cases and do not reply.

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Sukhera

Oct 15, 2018 06:31pm

The law should be applied equally to everybody. In Ishaq Dar,s case , his assets have been confiscated and auctioned off. Why we are not applying the same law against Mushraff. He has defied the court order to appear over a year. I His medical condition was a hoax and the courts let him leave the country for treatment. As soon as he boarded the plane, he started feeling great without treatment. This indicates we have diffetent laws for the rich and influential.

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Pakistani

Oct 15, 2018 09:02pm

Vendetta case against a true patriot; that is all this is.

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Private Ayan

Oct 15, 2018 09:04pm

Some people still seem to have a soft corner for Musharraf. Wonder if they would accept the same if someone were to overthrown the present IK government and stage themselves as rulers.

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kashif

Oct 15, 2018 10:13pm

First of all cut the hands trying to protect him!

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Jjacky

Oct 15, 2018 10:15pm

@khaja how u will put him behind bat when musharraf is not coming.

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Kings2008

Oct 15, 2018 10:18pm

@Pakistani Sab say Pehley Pakistan and himself escaped when trouble comes

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Gen Pasha ret.

Oct 15, 2018 10:19pm

Hero of Pakistan that was one of the few people willing to stand up to the mullah

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Gaurav

Oct 15, 2018 10:23pm

@RAJA CHILL "Why not over vedio link ? If he is innocent it is fastest way for proceedings." And probably the cheapest.

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Zulfiqar

Oct 15, 2018 10:30pm

Only Mushraf has the ability to save Pakistan.

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MAkram

Oct 15, 2018 10:32pm

Musharraf is a great Leader. Most Pakistani support Musharraf. He is much better than so called democracy like PPP and Nawaz. Get well soon Musharraf Sahaab.

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M1 Jamal

Oct 15, 2018 10:36pm

He is a honest man and serve the country to his best abilities.He made mistake by forming PMLQ so he must be punished political manoeuvring instead to fixing the corrupt culture of Pakistan.

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M S Alvi (USA)

Oct 15, 2018 10:40pm

Let us talk some common sense. General Musharraf served Pakistan well in army and civil. He is not a corrupt man. He set aside the constitution, but isn't that what martial law is. The previous martial law administrators did the same. It is vengeance of Nawaz that is working against Musharraf. I think the best thing is to drop all cases against him and let him be free. His health is falling rapidly; we don't know how long he lives. I don't want to see him die under cloud.

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Harmony-1©

Oct 15, 2018 10:43pm

@Sab Se Pehle Pakistan - Do you really have to bring "Urdu speaking" thing in describing someone? It’s divisive, damaging and silly to play ethnic card like this. Musharraf wouldn't have been made an army chief if this really was the case. I agree to rest of what you said.

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Pathanoo

Oct 15, 2018 10:52pm

And, the charade goes on and on..................... Does any one in Pakistan belive that Musharraf will ever appear in a court in Pakistan? Does any one belive that he will ever go to jail? Does any one believe that a judgement will ever be delivered before Musharraf dies. CASE CLOSED!!

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Malik USA

Oct 15, 2018 11:04pm

@timetostopthis Becuse NS is political and he does not want destroy his political career and his family politics. Mariam is ready now and Hamza is ready now. NS is smart guy he is waiting for the time. Ultimately these ruling family will rule because this our fate

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Imtiaz Ali Khan

Oct 15, 2018 11:08pm

@Sab Se Pehle Pakistan Excellent visionary president. Dollar stayed in 60's while world, so many projects happened in his day one can't list them all. I never agree with NRO or Kargil War but all in all Musharraf truly a man of excellent capabilities and did well for Pakistan. Golden Era indeed.

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Magnanimous approach

Oct 15, 2018 11:09pm

Let the judicial commission go and see themselves his illness, and condition. He is certainly not well, he’s forgetting events, possibly dementia, etc. He has served Pak in difficult times, the deeds of his adversaries now coming to light. He was right on many occasions. The people of Pak hope that he will be exonerated from all charges, and invited back home to join his friends.

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Naim

Oct 15, 2018 11:24pm

@Sukhera General Musharraf did not loot and plunder,he cannot be compared with Mr Dar,N Sharif,a lot of People don't seem to have the ability to differentiate between this, during Musharraf's tenure goodbye was said to the IMF, only achieved under the great rule of General Musharraf.

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Saif Zulfiqar

Oct 15, 2018 11:28pm

@khaja, Have not all the ministers of present and past PMLN and PPP violated the Constitution by Lootings the country?

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Anil

Oct 16, 2018 01:11am

@ExMohajirinUK really? So why is he hiding out side Pakistan?

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Qureshi (USA)

Oct 16, 2018 01:16am

Who is going to pay for cost? Will Musharaf spare few $$$ from his multi million estate?

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Harun

Oct 16, 2018 01:31am

Such a brave General, why he is scared off, from whom? From his old couligues from Establishment? We have such a good relationship with all gulf countries, Why Musharraf can not be driven out?

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MONIER

Oct 16, 2018 02:00am

Musharraf was a very soft dictator compared to Zia-ul-Haq. He tried to balance the country politically and economically but failed due to bad propaganda.

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Real salaria

Oct 16, 2018 02:30am

So now that NS is. It in power, what is Musharraf’s excuse for not facing the courts? He can’t claim NS is out to get him anymore. It just proves he is scared of facing justice.

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M. Mushtaq Ahmed

Oct 16, 2018 02:43am

Stop beating this dead horse issue and get to work for people.

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F Khan

Oct 16, 2018 02:58am

Why did someone from NAB or JIT could not have travelled to Doha to record statement by the Qatari prince in NS case or record statement through vedio link, the prince was wiling? Double standard?

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AHAQ

Oct 16, 2018 04:37am

@Sukhera Are you trying to justify Dar is any way better than Musharraf? Dar clearly became a multi billionaire in a short period of time while Musharraf did he did over a 10 year period. Certainly both are absconders and both should face justice. Musharraf seems to be ready and willing to testify in his defense while Dar is completely ignoring the courts.

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M S Alvi (USA)

Oct 16, 2018 06:56am

@Private Ayan Imran did not do what NS did - hijacking Musharraf's plane.

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sukhera

Oct 16, 2018 06:56am

The former dictator has refused to give a statement via video link. Now the special court has decided to form a commission and send it abroad to record his statement. The country is in a financial crunch but the courts are least concerned. Sending a commission abroad will cost at least a million dollars and there is no guaranty that Musharraf will record a statement. Even if he provides a statement and the court finds him guilty, he will not come to Pakistan voluntarily to face the charges. So what we accomplished after spending so much foreign exchange and time. Our best bet is to confiscate his property including bank accounts and sell it to the highest bidder. We can also ask Dubai govt to arrest him and extradite him to Pakistan.

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Zeb Khan

Oct 16, 2018 07:59am

@Khaja He overthrew a true traitor that attempted to murder him by denying the aircraft carrying the General from landing in Pakistan, the case against him was vindictively brought by a true traitor thanks to whom Pakistan is now riddled with unprecedented levels of debt. Do you think Nawaz Sharif helped Pakistan, ask the people who are not struggling in a debt riddled country how saintly the Sharifs are.

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Sab Se Pehle Pakistan

Oct 16, 2018 11:59am

@Harmony-1© : My dear friend read General Parvaiz Musharraf's book then you will understand why I mentioned that particular attribute of his personality. Great man General Parvaiz Musharraf.

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BAXAR

Oct 16, 2018 02:37pm

@sukhera "The country is in a financial crunch but the courts are least concerned. Sending a commission abroad will cost at least a million dollars" You can ask those who caused the financial crunch to pay for the cost. After all, they are the same who initiated that case, and you know how much they earned when they were in power while the country faced that crunch.

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abdullah

Oct 16, 2018 06:35pm

If the court is seemingly unable to enforce its jurisdiction, it would be better if the accused can suggest his own conviction. Justice well delivered - huh.

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Lahori kid

Oct 16, 2018 11:42pm

Non of us really know all the facts behind Musharraf's unwillingness to come to Pakistan and face the courts, but I must admit, being one of his fans (in the past) its getting harder and harder to make excuses for him, actually, I'm all out of excuses.

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Harmony-1©

Oct 17, 2018 12:22am

@Sab Se Pehle Pakistan - Yes, Parvaiz Musharraf was proud of his ethnicity and so should everyone else. But there is no justification in playing ethnic card - an altogether different thing.

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Habib Zuberi, PHD, Emeritus Prof. of Econ.

Oct 17, 2018 02:08am

Get on with the problems that Pakistan is facing now. Forget the past. Start nw Pakistan. Don't waste time and resources. Those who have in any way violated the Constitution should not be allowed to participate in Domestic politics. If any one makes wrong move, send him/her to jail and impose a heavy fine.

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