ISLAMABAD: The special court seized with a high treason case against former military dictator retired General Pervez Musharraf on Thursday accepted his plea for adjournment of the proceedings till June 12.

The three-judge court headed by Balochistan High Court Chief Justice Tahira Safdar also issued a notice to the Federal Investigation Agency on the application filed by Gen Musharraf’s counsel Barrister Salman Safdar seeking the former president’s acquittal in the high treason case.

Gen Musharraf was booked in the high treason case in December 2013. He was indicted on March 31, 2014 and the prosecution had tabled the entire evidence before the special court in September same year. However, due to litigation at appellate forums, the trial of the former military dictator remained standstill and, in the meanwhile, he left the country in March 2016.

Barrister Safdar informed the court that Gen Musharraf was ready to appear before it and record his statement under Section 342 of the Criminal Procedure Code (CrPC) but could not do so because of his serious ailment. He said the former president was too sick to record his statement through video link.

Special court issues notice to FIA on former president’s application seeking acquittal in the case

He argued that the interior secretary had in 2016 recorded his statement before the special court, saying that Gen Musharraf was allowed to leave the country on “humanitarian grounds”, adding that the then government was convinced that the accused required medical treatment abroad and subsequently let him go.

According to the counsel, Gen Musharraf was 76 now and facing multiple diseases and, therefore, doctors did not advise him to travel to Pakistan.

On the other hand, the prosecution opposed the adjournment, saying the Supreme Court had recently issued a categorical order in this regard.

The apex court had last month held that there could not be more grave offence than high treason and more solemn a proceeding than a trial for high treason before a special court. On April 1, the apex court had directed the special court to proceed with the trial on the next date of hearing and in case the former president surrendered and appeared before it, he would be entitled to record his statement.

A Supreme Court bench headed by Chief Justice Asif Saeed Khosa is seized with a petition filed by former president of the Lahore High Court Bar Association Taufiq Asif and Sheikh Ahsanuddin seeking intervention of the apex court since Gen Musharraf’s trial had been stalled.

The apex court had noted that in the present circumstances of the case, Gen Musharraf was not merely absenting himself from attending the proceedings, but he had also been declared a proclaimed offender on July 12, 2016.

The Supreme Court had said that while Section 342 of the CrPC enabled the accused to explain any circumstances appearing against him in the evidence, in the context of the Act if he voluntarily chose not to appear or join the proceedings he would lose his right to such an explanation. Similarly, being a proclaimed offender he had lost his right to audience and forfeited his right to put up a defence, it added.

However, Barrister Safdar pointed out that Section 9 of the Criminal Law Amendment Act, 1956, which governs the special courts laws, provided that an accused, even if he is an absconder, was entitled to defence and the law even empowered the special court to appoint a defence counsel on its own.

The court adjourned the hearing till June 12.

In his application, the former military dictator pointed out that the federal cabinet had not given a nod to the filing of a complaint against him under Article 6 of the Constitution. He said the then prime minister had approved the filing of the complaint and as per the SC judgement the premier without the approval of the cabinet could not give such an approval.

Published in Dawn, May 3rd, 2019