The written order read that the federal government and the prosecution have an important role to play in the treason case. The federal government has full authority to appoint the prosecutor and the prosecution team. The fair trial is also entitled to prosecution as well as the accused.
The IHC’s written statement stated that the federal government only filed the complaint of emergency 2007 rather than the 1999 treachery. “This action further increased the burden of fair trial on the judiciary”, it read.
In addition, the written decree stated that Musharraf cannot be denied the right for defence despite being a fugitive. It further read that the Supreme Court did not prevent the court from ruling on Musharraf’s acquittal request. It added that the testimony cannot be recorded if Pervez Musharraf is not present.
The court remarked that it relies on trial prosecution from the beginning of the case to the end. The special court cannot decide a treason case without hearing the prosecutor. The federal government should be given adequate time to argue before the verdict is given, added the court.
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