High treason case: Musharraf refuses to record statement through video link

ISLAMABAD: The Special Court hearing the high treason case against former President General (retd) Pervez Musharaf on Monday decided that the statement of the accused will be recorded by a commission as the former president refused to record his statement through video link.

The former military dictator, however, submitted before the court that his worsening health is the only factor preventing him from returning to his homeland. A three-member Special Court headed by Justice Yawar Ali and comprising Justice Tahira Safdar and Justice Nazar Akbar resumed hearing into the complaint, lodged by former PML-N government seeking initiation of high treason proceedings against the former president for imposing emergency rule on November 3, 2007.

In pursuance of the court’s last order, counsel for Pervez Musharaf submitted reply of his client refusing to record his statement via video link and argued before the court in this regard.

The court after hearing arguments of the learned counsel and the reply submitted on behalf of the accused directed that the statement of Musharraf will be recorded through the commission which will be formed by the special court.

Sardar Asmat Ullah Khan, one of the members of the Prosecution Team, submitted before the court that under Section 9 of the Special Court Amendment Act 1976, the court has the power to conduct trial of high treason case as expeditiously as possible and adopt any procedure when the accused is reluctant to delay, impede and frustrate the expeditious progress of the trial.

Justice Tahira Safdar, another member of the bench, observed that under sub section D of the section 6 of the said act makes mandatory for recording the statement of the accused under Section 342 Cr.PC.

Later, the court after a short break resumed the hearing and announced for constitution of the commission for recording the statement of Pervez Musharaf under Section 342 of Cr.PC and adjourned further hearing until November 14.

Earlier, at the start of hearing, counsel for Pervez Musharraf while submitting that as per the last order of the court, he had explained to his client the object and purpose of recording his statement under Section 342 CrPC in detail and consequently sought instruction as to whether he would like to get such statement recorded via Skype/Video link. He said that his client expressed his desire to return to Pakistan once his medical condition enabled him to do so and to get his statement recorded under Section 342 Cr.PC in his physical presence before the court.

The defendant expressed eagerness to join the proceeding before this court. Moreover, he wished that this court appreciate the gravity of the charges against him and that crucial significance be granted to the fact that his narrative will be crucial in uncovering the truth, the counsel submitted. He further submitted that the defendant expressed that his worsening health is the only factor preventing him from returning to his homeland. The counsel submitted that his client’s health is still the same and tests pertaining to his heart are being conducted. He said if the court gives time, he can get further details as well.

To a question as to whether Musharraf is suffering from cancer, the counsel replied that he has heart ailment. It is pertinent to mention here that on previous hearing, Muhammad Akram Sheikh, former head of the prosecution team, had submitted before the court that sufficient time had been given to the accused, and now the court should announce its decision. He had contended that the court can issue arrest warrants for Pervez Musharraf besides cancelling his identity card and passport.

On March 8, 2108, the court had directed the Ministry of Interior to take effective measures for arresting the accused besides confiscating his properties. The court had observed that it was the responsibility of the complainant (Federal Government) to bring back the accused as he had been declared an absconder besides his arrest warrants had already been issued. The court had ordered that the Interior Ministry should take action for the arrest of the former military ruler through the Interpol.

In March, 2014, the former president was indicted in the case after he appeared before the court and rejected all charges. In May, 2016, the court had declared Pervez Musharraf as an absconder under Section 87 of Criminal Procedure Code and directed the Federal Investigation Agency (FIA) to produce him before it on July 12, 2016. Musharraf had expressed his willingness to face the trial under the army’s protection and on a surety from the court that he would be given a safe passage to return to Dubai.