PESHAWAR: A special court for high treason case against General (retd) Pervez Musharraf on Friday directed the Ministry of Interior and all other departments, divisions and agencies of the government to take positive steps for the arrest of the accused, attachment of his properties abroad and suspension of his CNIC and passport if he fails to submit a written request for security during his appearance in the court within seven days.
The verdict was announced by a special court headed by Peshawar High Court (PHC) Chief Justice Yahya Afridi. The other members of the court are Justice Muhammad Yawar Ali and Justice Mrs Syeda Tahira Safdar.
The media protocol officer of the PHC said the chief justice released the order to members of the media here on Friday. The protocol officer said the order was not properly and correctly reported in the media.
"This court is alive to the request made by the learned counsel for the accused-applicant and in case the accused intends to appear before this court on March 21, 2018, he may within seven days approach the Ministry of Interior in writing for the requisite protection that was offered by the head of the prosecution on May 19, 2017," the order stated.
The court stated that the Ministry of Interior shall also make requisite request to the Interpol for the issuance of appropriate warrants for his arrest and production before this court. "This court is dismayed at the inaction of the federal government in taking positive steps to ensure the arrest of the accused/proclaimed offender and the attachment of his known properties abroad. In this regard, the court was informed that the accused is presently residing in the United Arab Emirates and that there is an Extradition Treaty between the government of the United Arab Emirates and the government of the Islamic Republic of Pakistan, which could be invoked to ensure the arrest of the accused and the attachment of his properties in UAE," the verdict said.
Dilshad Babar, joint secretary, Ministry of Interior, submitted that the final compliance report regarding the properties of the accused has been submitted and copy would also be supplied to the counsel for the objectors.
Akhtar Shah, advocate for the applicant-accused apprised the court that his client intends to appear before this court. However, he said his client apprehends threat to his life and requires security to be provided by the Ministry of Defence.
The worthy counsel was reminded about the assurance rendered by the head of the Prosecution on the last date of hearing. In response, he was unable to provide any specific date for appearance before this court.
However, the counsel urged the court that no further orders detrimental to the interest of the applicant/accused should be rendered before he seeks further instructions from his client. "At this stage, the worthy head of the Prosecution objected to any concession being rendered to the accused-applicant as he has been declared a proclaimed offender by this court," it said.
The order stated that an application for adjournment was filed by the worthy counsel for the objectors stating medical reason for the non-appearance of the worthy senior counsel before this court.
However, at the outset of the proceedings, the worthy counsel did not press the same and stated that he would withdraw his vakalatnama as Akhtar Shah has been engaged by the objectors in the instant application. At this stage, Akhtar Shah appeared and submitted his vakalatnamas on behalf of three objectors. He further sought time to go through the record.
Lawyer Muhammad Akram Sheikh was assisted by M/s Dr Tariq Hassan, Naseeruddin Khan Nayyar, Sardar Muhammad Asmatullah, Barrister Natalia Kamal, Barrister Sajeel Shahreyar Swati, Hassan Murtaza Mann, Moazzam Habib, Syed Faraz Raza and Muhammad Haider Imtiaz for the complainant along with Dilshad Babar, joint secretary Ministry of Interior.
Akhtar Shah and Ch. Faisal Hussain appeared for the accused-respondent. The court ordered them to come up for final arguments on March 21. The court also dismissed an objection petition filed by Shahid Orakzai questioning the standing of Muhammad Akram Sheikh as prosecutor in the present case.
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