Musharraf cannot be arrested during the trial, as there is no such provision of arrest in the Code of Criminal Procedure Act, 1976, says Anwar Mansoor. PHOTO: AFP/FILE
In a rare show of decorum, the prosecution and defence teams in the treason trial against General (retd) Pervez Musharraf looked on as the special court received the former military ruler’s medical report on Tuesday. The report was submitted in a sealed envelope by Abdul Ghani Soomro, the registrar of the special court. Subsequently, the former president was granted a two-day exemption from appearing in person before the court.
“Lawyers will also be allowed to examine the report,” said Justice Faisal Arab, the head of the three-member bench. “First we will examine it and after that the registrar will provide copies of the report to each side,” he added. By the evening the report was made available to the lawyers and subsequently leaked to the media.
An official of the Armed Forces Institute of Cardiology (AFIC) had handed the report to the registrar at 11:25pm, five minutes before the court went into recess. Upon receiving the report, the court announced that it will pass an appropriate order on Thursday, while the hearing will resume today (Wednesday).
Musharraf’s lawyers claimed that they were unaware of details of the report. While speaking to media persons, a lawyer of the former military ruler, Barrister Saif, said his client is likely to remain hospitalised as medics have advised him more bed rest. On Tuesday, Justice Arab appreciated the lawyers’ efforts for maintaining restraint in the courtroom. To serve as a reminder that any possible misconduct by the defence or prosecution was being closely watched, CCTV cameras were installed on the right and left sides of the court.
It was quite uncomfortable to sit for hours in the cold auditorium of the National Library where the special court is hearing the case, but the defence team appeared relaxed. One of Musharraf’s counsels, Anwar Mansoor, even apologised for the previous day’s heated arguments in the court. At one point, mobile phone jammers in the high security court stopped functioning as cellphones bells rang during the proceedings. The court adjourned the hearing shortly before 1pm.
Mansoor held that Musharraf cannot be arrested during the trial, as there is no such provision of arrest in the Code of Criminal Procedure Act, 1976. With the help of his iPad, he cited various judgments and provisions in support of his argument that in this case arrest of the accused is not necessary.
In the previous hearing, prosecutor Akram Sheikh was of the opinion that Musharraf was persistently disobeying judicial orders and trying to implicate an institution in the case, and pleaded the court issue a non-bailable arrest warrant. On Tuesday, the court asked Musharraf’s lawyer, “In a case of contempt of court or high treason, if the accused persistently defies the court’s orders regarding appearance, can he be arrested?”
While partially agreeing with the court that Musharraf could be brought to the court as per the Code of Criminal Procedure, Mansoor cited Article 4’s fundamental rights and argued that the court has been constituted for a special purpose with limited jurisdictions, due to which it was not entitled to start criminal proceedings.
Published in The Express Tribune, January 8th, 2014.
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@Ricky: It is exposing illegality and bias of the government and the court.The challenge of Musharraf to this high handedness is his bravery not cowardice.
The military has not obliged its former COAS giving him a fake report to hasten his exit from Pakistan. No recommendations were asked for further disposal of the General and the same not given to the court. The court is now free to take further course of action based on the findings of the medical report and military can do no interference regarding the same.
Mush's running away and not facing the justice is reminding of Gen Tiger Niazi. They both have repeatedly run away when faced with the time to show bravery and character. Without the power all his huff and puff is gone and if he is sentenced even for a few month he would be crying like a baby. These are the times which define a man and his place in history.
@Ricky: @Saleem:
He is not going anywhere and still not coming to the court. Is present government brave enough to bring musharraf from Army hospital? That is the question.
@Pakistani Patriot: "It has to be decided first if the court’s existence is legal, if the judges are unbiased, if the prosecutor is unbiased, if this case should go to the Army court as Musharraf promulgated the PCO as Army Chief (so stated in his address in 2007), so on and so forth." 1- The court's formation is as per constitutional procedure. The only diversion was that to ensure her unbiasness the government asked SCP to recommend the judges even though she had the constitutional right to select the judges to form the court. secondly the senior most in their respective high courts. 2-How can one pre-judge the bias even before the start of the hearing? 3-Can army courts hear the acts of treason cases? Those courts consists of Brigadiers, Colonels and generals and mostly hear the disciplinary cases against the army-men. Of course, army courts can hear a separate case against musharraf for violating the discipline or army and violating his sacred oath to abide by the constitution of Pakistan.
All theses drama will mean that the next martial law administrator will not leave power until his death and will make sure to eliminate all potential adversaries as soon as possible after coming into power.
May Allah give you my life PM. Ameen. I feel pity on those stupids who think you are coward despite knowing you returned to country knowing all threats to you. You have been a brave soldier and fought wars for the motherland. God bless you.
There is nothing in the reports that can justify Musharraf's prolong stay at the Cardiac institute. He needs angioplasty. a relatively minor 30-minute interventional procedure, which is available at many cardiac institutes across the nation. Looking at those medical reports I really wonder competence of doctors who are treating him and wonder why it has not been done yet. This this part of a plot to ship him overseas?
This court is trying to put the cart before the horse by trying to put charges on Musharraf to begin the process. It has to be decided first if the court's existance is legal, if the judges are unbiased, if the prosecutor is unbiased, if this case should go to the Army court as Musharraf promulgated the PCO as Army Chief (so stated in his address in 2007), so on and so forth. Untill all these points are ruled upon the trial should not begin. How stupid would it be if they place the charges and then it is decided that the very existance of this court is unconstitutional? Under the constitution the mode of the trial has to be decided by the majlis e shura, not by the prime minister or the chief justice, and the majlis e shura was not even consulted.
This case is like Kargil exposing the cowardice of so called commando.