News Analysis |
The Supreme Court of Pakistan has expressed its displeasure over former President Pervez Musharraf’s refusal to come back to the country. Former president’s lawyer told the three-judge bench on Tuesday 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 CJP 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 fulfillment of demands at the part of SC is not only dismaying but also extralegal, they argue.
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.
It is important to mention that during the last 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 top judge assured the lawyer that all the demands will be fulfilled if Musharraf wants to come back and appear before the court.
Interestingly, former President’s lawyer had said in a hearing on June 7th that his client was willing to come if the chief justice issued a written order saying that the former president must not be arrested if he arrived in Pakistan. “Tell Musharraf to come to Pakistan,” replied the CJP, adding that the former military dictator will not be arrested upon his arrival.
The CJP was hearing a petition filed by Musharraf on June 05, 2015, regarding the alleged rejection of his nomination forms for the upcoming general elections. According to media reports, the former military ruler had filed his nomination papers to contest for a National Assembly seat – NA-250 Karachi (South).
General (retd) Musharraf is being trialed for imposing emergency in 2007 and detaining the judges of the Supreme Court of Pakistan.
But the returning officer rejected his papers on the grounds “that he had held in abeyance and suspended the Constitution on Nov 3, 2007, detained and removed a number of superior court judges and publicly insulted then chief justice Iftikhar Muhammad Chaudhry”.
In Pakistan, there are two types of popular opinions about the high treason case against the former president. For one poll of observes, the court is showing leniency and not dealing with the case according to the constitution. The fulfillment of demands at the part of SC is not only dismaying but also extralegal, they argue. For others, the acceptance of demands by the apex court is the only way to let the former president come back and appear before the court.
The law enforcing agencies will be in a position to arrest him, it is added. But for many senior analysts in the country, the former president will never make a mistake of retesting back to Pakistan since he will push himself into troubled waters by doing so. Musharraf is often suggested by these analysts and observers to “enjoy his post-retirement life outside Pakistan”.
High Treason case against Musharraf: A background
General (retd) Musharraf is being trialed for imposing emergency in 2007 and detaining the judges of the Supreme Court of Pakistan. A case was registered against him in 2013 and his name was placed in the Exit Control List (ECL) by the Federal Investigation Agency (FIA) on the directives of the Sindh High Court (SHC).
“It is a matter of record that a number of politicians and members of the last and current national and provincial assemblies were consulted before imposing the emergency,”
Later on, the Supreme Court of Pakistan allowed Musharraf to go abroad for his medical check-up and his name was removed from the ECL. Moreover, the special court also declared Mr. Musharraf an absconder, issued perpetual warrants of his arrest and commenced proceedings under Section 87, 88 CrPC for attachment of his properties on July 19, 2016.
The interior ministry has directed the National Database and Registration Authority (NADRA) to block the National Identity Card (NIC) and passport of the former President Pervez Musharraf. A special court had ordered the interior ministry to block Musharraf’s NIC.
Pervez Musharraf argues that the emergency he declared in 2007 was not only his decision. “It is a matter of record that a number of politicians and members of the last and current national and provincial assemblies were consulted before imposing the emergency,” the lawyer of the former President has contended.