ATC confiscates Musharraf’s surety bonds

Orders police to submit his property details so that they could be attached

ISLAMABAD: An anti-terrorism court (ATC) on Saturday confiscated the surety bonds submitted for the former president General (retd) Pervez Musharraf and initiated proceedings against the surety givers after the ‘proclaimed offender’ failed to appear before the court in the judges’ detention case.

The ATC Judge Shahrukh Arjumand also ordered the SHO Secretariat police station to procure the list of properties owned by Musharraf and submit Qalandra under section 88 (attachment of property of person absconding) of the Criminal Procedure Code.

Under Section 88 CrPC, the court issuing a proclamation under Section 87 (proclamation for person absconding) may at any time order ‘attachment’ of any property, movable or immovable or both, belonging to the proclaimed person.

"Due to nonappearance of procalimed offender [Musharraf], the bonds so submitted are hereby confiscated and proceedings u/s 514 CrPC be launched against the sureties," the order stated.



The court observed that notice was issued to the sureties on February 9 regarding confiscation of bail bonds and no proceedings under section 514 CrPC were initiated at that time. However, due to Musharraf's failure to appear before the court the sureties have now been confiscated.

In addition, the judge also dismissed an application of Musharraf's counsel, Akhtar Shah, requesting the court to take fresh cognizance of the matter.

Discussing about maintainability of the petition, the judge said Musharraf had been declared proclaimed offender and any application submitted on behalf of a proclaimed offender cannot be entertained.



The judge noted in the order that no substantive or precedent law guides him in this regard, adding the application itself is vague in nature because it has been prayed in the end that the case may be cancelled.

In the order, the court said the prosecution evidence has already been closed and perpetual warrants of arrest have been issued against Musharraf, adding that the "file be consigned to the record room till the arrest of proclaimed offender."

The judges’ detention case was registered by the Secretariat Police Station on Aug 11, 2009, seeking legal proceedings against the former military ruler for confining 60 judges of the superior courts for over five months at their homes and restraining them from administering justice.