Recording of statement: IHC dismisses Musharraf's petition

Says Musharraf to get relief only when he surrenders to law

ISLAMABAD : The Islamabad High Court (IHC) has observed that former military ruler General Pervez Musharraf could not be given any relief until he surrenders to the court of law.

An IHC division bench, comprising Justice Aamer Farooq and Justice Mohsin Akhter Kiyani, said this on Tuesday while hearing Musharraf's plea challenging a special court's order to record his statement through a judicial commission.

The special court, holding the former president’s high treason trial for subverting the Constitution in November 2007, ordered on October 15 to form a judicial commission to get statement of Musharraf in accordance with Section 342 of the Code of Criminal Procedure.



The former president has been living in Dubai since March 2016.

During the course of proceeding, Justice Farooq asked the petitioner's counsel, "Is former president ready to return to Pakistan?"  The counsel said his client wanted to face cases in Pakistan but the special court could record statement only of a foreign national through a special commission.

Addressing the petitioner's counsel, Justice Farooq asked whether the accused wanted to postpone the proceeding against him under Article 6. How this petition was maintainable, the judge asked.

Justice Kiyani said it was a legal right of the special court to record an accused’s statement in a high treason case. The petitioner's counsel argued that the former government of the Pakistan Muslim League-Nawaz (PML-N) had lodged high treason case against his client and charges were farmed against Musharraf in March 2014 while the prosecution submitted evidence in September of the same year.



Justice Kiyani asked the counsel to only give arguments under Article 199 of the Constitution. Musharraf's counsel said formation of a commission by the special court was unlawful and it would affect the rights of his client. “The orders of the special court had no legal worth,” he said.

Justice Farooq remarked that the accused could not be granted any relief until he surrendered himself before the law. The petitioner's counsel sought time from the bench for preparations of the case – a request accepted by the court. The hearing of the case was then adjourned till next Monday.