Treason case: Prosecution argues Musharraf no longer has right to dictate terms to a court

A prosecutor representing the federal government against former president Pervez Musharraf in a treason case on Wednesday maintained that the accused could not set conditions for his appearance before a court of law.

The government’s lawyer, Akram Shiekh, submitted a written response before a special court formed to try Musharraf for the treason case.

During the last hearing of the case, Musharraf’s lawyer, Akhtar Shah, had told the court that the government needs to ensure adequate security for Musharraf before the former president can return to the country.

In turn, the three-judge special court bench, headed by Justice Yahya Afridi, had asked Sheikh to respond to the defendant’s request.

In its response, the prosecution argued that because Musharraf had been declared an “absconder”, he should be “legally barred from making any applications or submissions” to the court.

It further asserted that Musharraf “cannot dictate his prerequisites to the court and give conditions … as to when he will appear and for how long.”

In the response, the prosecution also pointed out that Musharraf had appeared before the court earlier without the strict security and protocol he had requested.

The prosecution added that the “conduct” of the former president — in the setting of conditions to his appearance — indicates that he has does not have “any desire to appear before the court.”

Dismissing that Musharraf left the country on the pretext of a medical check-up, the prosecution maintained there is “no evidence of any hospitalisation” of the accused.

On May 11, 2016, the special court had declared Musharraf an absconder in the case.

At the time, the prosecutor on the case had also been ordered to submit the record of all property owned by the accused.

Musharraf had left the country on March 18, 2016, soon after the Supreme Court upheld the Sindh High Court’s directions to remove his name from the Exit Control List.

Source: Dawn