ISLAMABAD: The Supreme Court on Monday ordered the special court that was hearing the high treason case against Pervez Musharraf to announce its judgment on the basis of available evidence if the former president failed to appear on May 2.
The apex court ordered Musharraf would lose right of defense on non-appearance on the next hearing as he would not be entitled to record his statement under Section 342 if he did not attend court proceedings. However, if the accused appeared on next hearing, he would be provided all facilities to present his defense, it stated.
A three-member bench headed by Chief Justice Asif Saeed Khosa announced its reserved order after a short break on high treason case proceedings against Musharraf. Earlier, Chief Justice of Pakistan Justice Khosa asked Musharraf’s counsel whether the accused had given any assurance regarding his return. What would be the next option if the accused did not fulfill his commitment, he inquired.
Musharraf’s counsel Suleman Safdar pleaded his client wanted to appear before court to record his statement. He said the former president had given May 13 — a date regarding his return.
The chief justice remarked the court would not let the accused exploit the situation by not appearing before the court deliberately, adding high treason was not an ordinary case.The prosecutor argued the court had framed charges against the accused in his presence. The former president had earlier given assurance to appear before the court if summoned.
Justice Khosa observed the federal government itself allowed Musharraf to travel abroad and did not take measures to get him back. The government itself made the matter so complex, he remarked.
The chief justice noted a special court had already decided in 2016 that the trial against Musharraf could not move forward in his absence. The government did not challenge the decision of the special court, he said, adding the government carried itself to a close street.
The petitioner, Ahsanuddin Sheikh, stated former government of the Pakistan Muslim League-Nawaz (PML-N) had given safe passage to Musharraf through an NRO. He prayed the court to use powers under Article 187 of the Constitution.
Musharraf’s counsel said his client had never been arrested rather he was allowed by the government to travel abroad by admitting his health situation. The government itself took this case as easy.
The chief justice observed a medical report might be produced on May 2, instead of Musharraf’s appearance. After a short break, the court ordered trial should be continued in the absence of Musharraf if he failed to appear on May 2. The bench ordered “the accused wouldn’t be entitled to present his defense in case of non-appearance”.
The former president became absconder during the trial process, the court observed, adding there was no need to record accused’s statement under Section 342 if he failed to appear. The bench ordered the special court to announce judgment in high treason case on available evidence in the case on Musharraf’s non-appearance.
