Musharraf challenges SC registrar’s decision to turn down plea against conviction

The registrar had argued that the ex-president had to turn himself in before his plea could be taken up by apex court

ISLAMABAD: Gen (retd) Pervez Musharraf on Thursday challenged Supreme Court Registrar's decision of refusing to entertain his appeal against the special court’s decision in the high treason case.

The appeal stated that Musharraf’s health declined significantly requiring specialised treatment abroad and he was given permission and approval of the court to leave the country on medical grounds.

Former president’s attorney Salman Safdar, while filing the appeal, stated that the requirement of surrendering Musharraf is not applicable owing to his health condition.

It also mentioned that the former military dictator tried to return to Pakistan but was unable to because of his deteriorating health.

The petition also stated that the former president ‘deserves’ that his appeal be entertained and heard by the Supreme Court.

It mentioned that Musharraf is neither a ‘fugitive from law’, nor is he a ‘proclaimed offender’ or ‘absconder’ – particularly because he left Pakistan for medical treatment, with permission of the complainant.

Musharraf was diagnosed with Cardiac Amyloidosis and has been unable to travel because of his health.

SC to entertain Musharraf’s plea only after he turns himself in

“It is not a case of ‘jail break’ or ‘fleeing from court’ after hearing the conviction and sentence”

“Moreover, the impugned judgment and sentence was announced in his absence, therefore, a direct appeal should also be entertainable in his absence.”

In January, the Registrar Office returned Musharraf's plea after raising an objection under Supreme Court Rules 1980 that says a convict has to surrender to the authorities before filing an appeal.

An attorney for the former military confirmed the development, saying that his client can appeal against the Registrar Office’s decision within 30 days.

Interestingly, Musharraf filed the appeal in the apex court even though a three-judge bench of the Lahore High Court (LHC) has already declared unconstitutional the filing of high treason case against him, formation of the Special Court as well as its proceedings, leading to the abolition of the death penalty handed down to him on Dec 17.