Pervez Musharraf was ordered on Thursday to appear before a special court on May 2 in a case pertaining to charges of high treason against the former president.
Musharraf was accused for high treason by a special court in March 2014. He left Pakistan in 2016 and went to Dubai for medical treatment and hasn’t returned since. Earlier this month, he suffered a reaction from a rare disease for which he was admitted in a hospital in Dubai.
The former president wished to appear in court on May 13 told the defense lawyer Salman Safdar. When this information reached the three-member bench headed by Justice Tahira Safdar, they directed Musharraf to appear in court before Ramadan.
Justice Tahira said, “If he can come to court on May 13, Musharraf can also appear before the court on May 2. If he doesn’t, the court will pass an appropriate order regarding recording his statement.”
A questionnaire was handed to the defense lawyer for the former president to fill under Section 342 of the Code of Criminal Procedures (CrPC)
The defense lawyer had earlier submitted an application in court to get the case discarded on the basis of CrPC Section 265 (Language of record and judgment)
“You cannot record a statement under Section 342 in Musharraf’s absence. If the suspect is to be punished, his presence in court is necessary.” The lawyer also argued that Musharraf’s case should be treated like other cases.
“The court would hear the new request later,” said Justice Tahira. She further said, “First, tell us whether your arguments regarding Musharraf’s appearance in court have been completed.”
Musharraf’s absence in the court was questioned by Justice Tahira, she asked the prosecution lawyer, “What options the court had if a suspect does not appear in court in such a case.”
The prosecution lawyer replied, “The absence of the suspect, his lawyer’s appearance could be counted as his appearance in court.”
Justice Tahira further asked, “If the lawyer is also declining to appear before the court then what happens?” to this question the prosecutor said, “In such a case, under Section 9 of special court rules, the court itself can appoint a lawyer.”
The complete record of treason case was requested by Musharraf’s lawyer. The court asked him to submit a written application for the procurement of those documents.
The lawyer mentioned the current health issues the former president is going through and further told the court that he needs to remain at the hospital for eight hours every day.