Treason case: SC proposes three options for Musharraf

ISLAMABAD: A three-member Supreme Court bench on Monday proposed three options for former president Pervez Musharraf to record his statement in the treason case after rejecting an adjournment request by his lawyer.

“One option is that Musharraf should either appear in the next hearing. The second option is Musharraf should record his statement via a video link and as a third option, Musharraf’s lawyer Salman Safdar should answer on his behalf,” said Chief Justice of Pakistan Justice Asif Saeed Khosa.

Justice Khosa remarked during the hearing he had an idea that Musharraf would be admitted to a hospital in the last hearing.

“Musharraf did not take the court seriously,” said the petitioner’s lawyer during the case hearing.

The CJP asked what could be done if the accused was not appearing in the court.

“Is the court helpless if an accused in not appearing deliberately in the court,” said the Justice Khosa.

“If the law is silent over the matter, the Supreme Court has the power to act given by Pakistan’s constitution.”

He said, “The government has its own priorities but the top court’s priority is only the supremacy of the law in the country.”

Background

The treason case was started in November 2013 months after the PML-N’s government came to power.

Although the SC had directed to conclude the trial expeditiously, the trial could not be concluded in the last six years due to several reasons.

Firstly, the special court in the start directed the federal government to include three more individuals for initiating the case against them.

Due to that order, the proceeding remained suspended for a couple of years. Later, the SC set aside the special court order, directing to conclude trial against Musharraf only.

The case remained a reason for civil-military tension during the PML-N regime. The treason case proceedings have almost halted during the tenure of the PTI-led government.

In November 2007, PTI Chairman Imran Khan had vowed that his party would initiate proceedings against Musharraf over his unconstitutional acts, but the PTI has not taken any step in this regard. Most of the close aides of Musharraf are sitting in the incumbent federal cabinet. Both the attorney general for Pakistan and the law minister have represented him in the treason case.

Former chief justice Mian Saqib Nisar initiated efforts to bring back Musharraf but his counsel presented medical reports to substantiate that he could not come back to the country.

In October 2018, the special court in its last order decided to form a judicial commission to record the statement of Musharraf under Section 342 CrPC in the high treason case.

In its order, the court had observed that the trial “cannot be impeded merely on the ground of medical illness as is evident from the language of Sections 4, 6 and 9 of the Criminal Law Amendment (Special Court) Act 1976”.

The order says, “It is crystal clear that Musharraf wants to get examined under Section 342 of the CrPC, but shows his inability to appear before this court on account of his ill health.”

The order said a special procedure could be adopted by this court under the given circumstances to examine the accused under Section 342 of the CrPC; therefore, this court on the next date of hearing would prepare questions as required for the examination of the accused as envisaged under Section 6(1)(d) of the Criminal Law Amendment (Special Court) Act 1976. For the purpose of recording his statement, a commission shall be appointed by this court.

Source: Express Tribune