Trial of Musharraf — the powerful!

ISLAMABAD: General (R) Pervez Musharraf faces the most serious case of high-treason, which under the law is required to be tried and decided speedily, but despite a lapse of almost six years his case remains undecided as yet.

The Special Court, which was set up for his trial, recently declared that it would announce its verdict on Nov 28, but the Imran Khan government approached the Islamabad High Court on Monday to bar the Special Court from handing down its decision.

Musharraf, through his counsel, also approached the IHC to halt his trial yet again. Under the 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 interest 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 behavior 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.”

However, despite this clear legal position, the trial has already been delayed for almost six years.

Criminal Complaint No. 1/2013 under Sections 3 and 5 of the High Treason (Punishment) Act 1973 and Section 5 of the Criminal Law Amendment Special Act was instituted against General (R) Musharraf before the Special Court on 17-12-2013. On 17th of next month, the trial will complete its six years, which is too long a period when assessed in the light of the Special Court Act 1976.

The Special Court had issued notice to Musharraf to appear before it on 24th December 2013. However, despite the summons, the ousted dictator did not appear on various pretexts until it was announced on the 2nd of January 2014 at 12:15pm 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 hospital for getting medical assistance.

The Special Court on 1st of January passed categorical instructions that if the accused failed 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 at the 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 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 for the first and last time appeared before the court and was consequently indicted for high-treason.

The court did not place the accused 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 the law was examination of the accused under Section 342 CrPC. At this stage, Dr. Farogh Naseem, the present law minister, 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 General (R) Pervez 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 the accused Pervez 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 had left the country notwithstanding the above-said command of the Special Court and opted to be a fugitive from law.

In his absence, the Special Court was reconstituted more than twice and Musharraf was asked to appear before it but he never came back. And now finally when the Special Court after long delays is all set to announce its judgment, the Imran Khan government has moved to the IHC seeking further delay and baring the Special Court from announcing its decision on Nov 28th.

Only recently, Chief Justice of Pakistan Justice Asif Saeed Khosa had stated that no one was powerful before the judiciary, which he said had not only disqualified one prime minister, convicted another but was all set to decide the case of General (R) Musharraf.