After the passage of nine months, a special court has fixed hearing for a high treason case against Pakistan’s former president Pervez Musharraf.
A three-member bench, headed by Peshawar High Court Chief (PHC) Chief Justice Yahya Afridi, will resume hearing of the case on March 8.
Other members of the bench are Lahore High Court (LHC) Chief Justice Yawar Ali and Justice Tahira Safdar of the Baluchistan High Court (BHC).
The case pertains to the imposition of extra-constitutional emergency in the country in 2007. Akram Sheikh is appearing as prosecutor in the case.
A member of the prosecution team said that the special court should decide the treason case expeditiously in view of the Supreme Court’s February 26, 2016 order.
Legal experts call the case, pending since 2013, a big test for superior judiciary. Ruling party leaders were also voicing concerns over why the courts were why the courts are not taking cognisance of the case, arguing that treason is a graver offence than others, including corruption.
The expectations grew stronger after the apex court ordered the federal government to take steps to bring back former Pakistani ambassador Hussain Haqqani from the US.
The special court, meanwhile, issued a notification directing the chief commissioner, the inspector general and the additional inspector general of police in Islamabad to make ‘foolproof security arrangements’ for Musharraf.
The former military dictator was indicted in March 2014 after he made an appearance before the court, rejecting all charges against him in front of the three-member special bench.
The charges read out to Musharraf were the same that were slapped by the government in 2013 at the time of the formation of special bench – subverting and circumventing the constitution by imposing emergency on November 3, 2007.
On March 18, 2016, the former president flew to Dubai for medical treatment shortly after his name was removed from the exit control list (ECL) on Supreme Court’s directives.
On May 11, 2016, a three-judge bench, headed by former PHC chief justice Mazhar Alam Khan Miankhel, declared Musharraf a proclaimed offender (PO) in the high treason case.
The special court had directed the interior ministry and the Federal Investigation Agency (FIA) to advertise the court verdict about the confiscation of his property.
A year later, a special court restrained Musharraf’s counsel from presenting his arguments, noting that it could not hear the lawyer of an absconder.
In May 2017, Musharraf had expressed, through a plea, his willingness to face the high treason trial under the army’s protection, and on the assurance from the court that he would be given a safe passage to return to Dubai.
In April last year, the federal government requested the special court to proceed with the trial of Musharraf in the high treason case, which was initiated against him for abrogating the constitution in November 3, 2007.
“Under Section 9 of the Criminal Law Amendment (Special Court) Act, 1976, this Hon’ble Court (Special Court) is required to proceed with the trial and not grant any adjournment for any purpose unless it is of opinion that the adjournment is necessary in the interest of justice,” says the prosecution team that submitted written synopsis regarding the completion of the trial.
The special court had asked the prosecution team to submit written synopsis regarding the trial completion.
“The Special Court may in the interest of preserving both the fundamental and special law of the land and to comply with the order of the Apex Court and to thwart repeated efforts of the accused to impede justice, kindly proceed with the trial after taking whatever steps deemed necessary for the purpose,” states Akram Sheikh in written submission.
Pervez Musharraf