Musharraf faces most serious charge but enjoys usual court delays

ISLAMABAD: General (retd) Pervez Musharraf though faces the most serious criminal case of high treason, he is lucky for having being tried by the country’s judiciary at its generally known snail’s pace. Criminal Complaint No. 1/2013 under Section 3 and 5 of the High Treason (Punishment) Act 1973 and Section 5 of the Criminal Law Amendment Special Act was instituted against General (retd) Musharraf before the Special Court on 17-12-2013. More than four years have passed but still there is no hint as to when will the Special Court conclude the case.

The Special Court had issued notice to usharraf to appear before the court on 24th of December, 2013. However, despite having been served the summons, the ousted dictator did not appear on various pretexts until it was announced on the 2nd of January, 2014 at 12:15 that although the accused had left his house under tight security to attend the court, on the way he experienced heart problem and decided to go to the hospital for getting medical assistance.

The Special Court on 1st of January had passed categorical instructions that if the accused fails to appear on the 2nd of January his custody shall be regulated by the court in accordance with the law. From 2nd of January until 31st of March, the accused remained in Armed Forces Institute of Cardiology although he had not received a tablet of penicillin nor had undergone any tests whatsoever. On his behalf, it was contended that his condition did not permit for an angiography on account of potential possible health hazards.

Until 31st of March, about 13 miscellaneous applications were filed by the accused and were disposed of by the court. The Armed Forces Institute of Cardiology Rawalpindi, where the accused was admitted, was asked to submit a report describing his state and the order dated 31st of January, 2014 incorporates the questions and answers. On 31st of March, the accused General (R) Pervez Musharraf for the first and last time appeared before the court and was consequently indicted for high treason.

The court did not place Musharraf under arrest but observed “Nevertheless, the accused is required to appear before the court as and when required and can seek exemption for appearance on justifiable grounds.”

The prosecution’s case was closed vide order dated 18-09-2014 and the next step under law was examination of the accused under Section 342 CrPC. At this stage, Dr Farogh Naseem on behalf of Musharraf submitted for summoning of 536 more accused. Vide order dated 21-11-2014, the Special Court directed the prosecution that amended complaint be filed including ex-prime minister Shaukat Aziz, Federal Minister Zahid Hamid and former chief justice Abdul Hameed Dogar.

These three individuals approached the Islamabad High Court and then Justice Abdul Hameed Dogar approached the Supreme Court which directed vide its order dated 26-02-2016 that Musharraf was the only accused in this case and the order of the Special Court in this behalf was set aside and the court was directed to proceed with the trial on fast track basis without any unnecessary adjournments.

After the order of the Supreme Court dated 26-02-2016, the Special Court directed Musharraf on 08-03-2016 to appear in person on 31st of March instant at 9:30am for recording of statement as required under Section 342 of the CrPC. Before the said date, the accused General had left the country notwithstanding the above said command of the Special Court and opted to be a fugitive from law.

The Special Court was reconstituted twice following the elevation of judges to the Supreme Court. Now, the Special Court comprises of Justice Yahya Afridi, the Chief Justice of Peshawar High Court as President, Justice Tahira Safdar, Judge from the Balochistan High Court, and Justice Yawar Ali Khan, Chief Justice of Lahore High Court.

The Special Court has now fixed the case for 8th of March, 2018 to consider the application moved by the prosecution through head of the prosecution team Senior Advocate Muhammad Akram Sheikh that in sum and substance the defence of the accused General (R) Pervez Musharraf having already come on the record vide CMA the case is ripe for decision. The special law under which this case was filed requires day to day hearings and no adjournments on any grounds whatsoever.

Under Criminal Law Amendment (Special Court) Act 1976, “No trial before the Special Court shall be adjourned for any purpose unless the Special Court is of opinion that the adjournment is necessary in the interests of justice, and, in particular, no trial shall be adjourned by reason of the absence of any accused person due to illness, or if the absence of the accused or his counsel has been brought about the accused person himself, or if the behaviour of the accused person prior to such absence has been, in the opinion of the Special Court, such as to impede the course of justice but, in any such case, the Special Court shall proceed with the trial after taking necessary steps to appoint an advocate to defend any such accused person.”