Daily Times

ISLAMABAD: The special court trying former military ruler Pervez Mushrraf in high treason case on Tuesday once again issued non-bailable arrest warrants over non-appearance to record statement before the court under Section 342 of the CrPC.

Rejecting the 14-week exemption plea of Musharraf, the court directed Federal Investigation Agency director general to execute the warrants on the next date of hearing.

“Since the accused, Musharraf, has remained failed to appear before the court despite repeated notices, non-bailable warrant of arrest be issued against him executable through DG FIA, who shall ensure the execution of the same and in case of non-execution of the warrant, the executing officer should appear before the court along with his proof for search the accused, on the date fixed,” stated the nine-page order of the court.

A three-member bench presided over by Justice Mazhar Alam Miankhel and comprising Justice Syeda Tahira Safdar and Justice Yawar Ali ordered for forfeiting major-general (r) Rashid Qureshi’s surety worth Rs 2.5 million and directed to submit the amount within 15 days.

The court ruled that the relevant laws on the subject were clear that if a person failed to honour the surety bond, the court was to issue him a show-cause notice to produce the accused, which on the last date of hearing was properly done. “You (Qureshi) are hereby required to pay the penalty or show cause within a period of 15 days as to why payment of said bail bond of Rs 2.5 million not be enforced against you,” stated the show-cause notice.

The order further stated that Musharraf didn’t appear in the court nor Qureshi could produce him, therefore the Rs 2.5 million surety bond is hereby forfeited in favour of the state.

The court further rejected an application by Taufiq Asif, former president of Lahore High Court Bar Association Rawalpindi chapter, to become party in the case.

During the course of hearing, Chief Justice Peshawar High Court Mazhar Alam Khan Miankhel, acting as president of the special court, observed that the court was concerned as to why Musharraf was allowed to leave the country when both prosecution and the defence counsels were aware of the court order that the ex-COAS had been summoned for recording his statement under Section 342 of the CrPc. He questioned in the given circumstances who should be held responsible?

The court avoided to give ruling on recording of Musharraf’s statement via Skype or video link. “We will see this matter later,” Justice Mazhar said.

The bench asked interior secretary to submit reply regarding departure of Musharraf abroad with his own affidavit within seven days. The secretary has also been asked to appear in person on May 11, the next date of hearing.