Published On: Tue, Jan 7th, 2014
Published in Category: Court News

Treason Case: SC demands Musharraf’s medical report

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ISLAMABAD: The Special Court (SC) has ordered that medical report in respect of former president Pervez Musharraf duly signed by the head of AFIC be presented before it today (Tuesday) .

The court rejected plea taken by prosecutor Akram Sheikh for issuance of arrest warrants of Musharraf besides granting exemption to former president from appearing before it today on medical grounds.

A 3-member bench of SC led by Justice Faisal Arab resumed the hearing of high treason case against Pervez Musharraf Monday.

Justice Faisal Arab inquired from Anwar Mansoor counsel for Pervez Musharraf “ where is Pervez Musharraf. A clear statement in respect of Pervez Musharraf be presented before the court that he is coming to court or otherwise”.

Anwar Mansoor told the court “I could not get information in this regard therefore, I can not give a clear statement on it.

Sharif ud Din Pirzada told the court that former president was sick and was undergoing treatment in AFIC Rawalpindi, therefore, he could not appear in the court due to this reason.

Prosecutor Akram Sheikh gave arguments on the constitution of court, selection of judges and appointment of prosecutor.

He argued Musharraf’s counsels petitions on this count have been dismissed by high court and intra court appeals are pending hearing against these decisions.

Ahmad Raza Kasuri told the court “ Akram Sheikh gives statement on TV and travels with government functionaries. Such person should not be prosecutor in this case because he is seen addressing Nawaz Sharif while he is present in the court.

Anwar Maqsood counsel for Musharraf argued that separate law is there for SC while hearing the criminal cases does not fall in the jurisdiction of SC. Order for arrest of the accused is also issued under criminal laws. This high treason case which pertains to article 6 of the constitution is criminal case. But the SC can neither hear criminal cases nor can it issue orders for arrest of the accused.

Prosecutor Akram Sheikh while opposing Anwar Mansoor arguments took the plea that article 199 of the constitution and Islamabad High Court (IHC) decision will have to be looked into in this regard as IHC has struck down the petition against the constitution of SC. Pervez Musharraf lawyers filed petitions in different courts including IHC challenging the appointment of judges of SC, mode of hearing, limitations of the SC, appointment of prosecutor in different courts including IHC and most of them have been dismissed. They have filed intra court appeals against this decision in IHC which are pending hearing.

Citing to different verdicts of high courts and supreme court on jurisdiction of special court, Akram Sheikh argued that it was not written any where that special court could not hear this case. Special court can hear the cases pertaining to articles, 121, 121-A, 122, 123, 123-A and high treason cases.

Justice Faisal Arab inquired if this court can refer this case to some other forum.

Akram Sheikh said the SC will conduct full hearing of this case. Establishment of SC is must to hear this case. Such court should comprise 3 judges of high court and the senior judge should be head of this court.

He prayed the court that hearing of this case should not be allowed to prolong too much and instead the proceedings of this case should be completed within 8 to 10 hearings.

He alleged that Pervez Musharraf is no sick and instead he has taken refuge in military hospital and he does not want to become part of proceedings of this case deliberately.

Ahmad Raza Kasuri said Akram Sheikh is leveling charges unjustly. The entire world knows that he is sick and is under treatment at present.

The lawyers of prosecution and defence exchanged bitter words.

Justice Faisal Arab while interfering remarked this is not assembly where you will target each other with allegations The decorum of the court be observed, he further observed.

Akram Sheikh prayed the court that Musharraf is not appearing in the court deliberately therefore, his arrest warrants be issued.

Musharraf counsel’s took the plea their client was seriously sick therefore, he be exempted from attendance in the court.

The court granted exemption to Musharraf for appearance before it for one day more and adjourned the hearing till today.

The court directed Musharraf counsels to present former president medical report duly signed by the head of AFIC before it till 1130 hours today.
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