Supreme Court asks why Musharraf case is on standstill

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The Supreme Court of Pakistan on Thursday 7th March carried out the hearing of treason case under Article 6 of the constitution against Former Pakistani President and Martial law administrator General ®Pervez Musharraf and asked for a report from the registrar office in two weeks over the delay in proceedings.

The petition was filed by the Lahore High Court Bar. The defendant’s counsel Advocate Taufiq Asif told the top court that Pervez Musharraf is out of the country for treatment and that is the reason behind the delay in trial.

Chief Justice Asif Saeed Khosa remarked that the special court was directed to complete the trial as soon as possible in Abdul Hameed Dogar’s case. He ordered the attorney general to submit a reply till March 25 regarding the steps taken by the federal government to bring Pervez Musharraf back.

Former president’s lawyer had told the three-judge bench that his client “respects the court” but was unable to return due to his medical condition and reservations over the provision of security.

Justice Asif Saeed Khosa asked if the government and court can become helpless against a suspect. He said the court will decide whether Musharraf is deliberately missing the hearings.

Justice Asif Saeed Khosa said that the former president was allowed to go abroad by the former government, not by the court. Musharraf’s statement can be recorded through a video link, he added. “If Pervez Musharraf still refuses to record his statement, the special court can write ‘denied’ before every statement by the suspect,” the chief justice said.

Justice Asif Saeed Khosa affirmed that cases will not be postponed from now onwards, and told that 2000 pending cases have been solved in a month and a half.

Read more: Law Minister refuses to comment on High Treason case against Pervez…

In October 2018, during the tenure of former Chief Justice Saqib Nisar, the Supreme Court of Pakistan had expressed its displeasure over former President Pervez Musharraf’s refusal to come back to the country. Former president’s lawyer had told the three-judge bench that his client “respects the court” but was unable to return due to his medical condition and reservations over the provision of security.

“If he (Musharraf) does not come back voluntarily then he may be brought under circumstances which are not graceful,” the former CJP had told the defense counsel. He also observed that the former military dictator used to call himself a courageous commando then why was he afraid to appear before a court of law.

The lawyer of former president argued that Musharraf was not indicted in Lal Masjid operation and demanded to know what the case against his client was. To that, Justice Nisar replied, “He may not face any charges in Lal Masjid case, but he is facing a treason case for which he must appear in the court.” The top court has also given assurance to the former president’s lawyer that if he returns back proper medical treatment and security will be provided to him.

Read more: Why is ‘brave commando’ Musharraf afraid of courts, asks CJP

In another hearing of the case, the legal counsel of former president had argued that the former president desired the fulfillment of a few conditions for returning back to Pakistan, including the unfreezing of assets, security on return, and medical facilities. To this, the former top judge assured the lawyer that all the demands will be fulfilled if Musharraf wants to come back and appear before the court.


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