Treason case: Special court orders Musharraf to record statement by Dec 5

Expresses annoyance over not filing written reply; orders prosecution team to come fully prepared on next hearing

ISLAMABAD: A special court trying former president Gen (retd) Pervez Musharraf in the high treason case has asserted that it is bound to follow the orders of the Supreme Court and not the high court.

The court has ordered the former military ruler to record his statement in the high treason case by December 5, 2019.

The three-judge special court, headed by Justice Waqar Ahmed Seth, resumed the hearing a day after the Islamabad High Court (IHC) barred it from announcing its verdict on a petition filed by the interior ministry.

The special court was scheduled to announce its verdict on Thursday (November 28) in the absence of Musharraf, who had flown to the UAE for ‘medical treatment’ in May 2016 and since then had not returned to face the court. The special court had reserved its verdict in the high treason case on November 19.



During the hearing, Justice Seth remarked, "We will offer no comments on [Islamabad] high court’s decision. You have not read our orders.”

The special court expressed annoyance over not filing written reply.

Justice Shahid Karim remarked, "We are bound to only Supreme Court orders.”

Defence counsel Advocate Raza Bashir apprised the court that they had filed a petition seeking acquittal of Musharraf.

Justice Seth maintained that they would hear the case on a daily basis after December 5.

“Pervez Musharraf can record his statement before the next hearing. We are giving [Musharraf] an opportunity to record his statement before the next hearing,” Justice Seth remarked.

The judges ordered the prosecution team to come fully prepared for the next hearing, clarifying that it would not entertain any request for more time.

The hearing was adjourned till December 5.



On Wednesday, a three-judge IHC bench, headed by Chief Justice Athar Minallah, barred the special court from announcing its verdict in the high treason case.

Musharraf also petitioned the Lahore High Court to stay the special court proceedings until he recuperated and appeared before the court in person.

The former military ruler is on trial for “subverting the Constitution” by promulgating state of emergency in the country on November 3, 2007.

According to Article 6 of the 1973 Constitution, any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.

And a person found guilty of high treason as defined in Article 6 of the Constitution, shall be punishable with death or imprisonment for life.