Court says former president cannot leave country without its approval. PHOTO: AFP
The court also exempted the former president from appearing before it in person, Express News reported on Monday.
The decision was announced after Musharraf failed to appear before the court due to ill health.
During the hearing, prosecutor Akram Sheikh accused Musharraf of intentionally avoiding court hearings and called upon the judges to issue his arrest warrant.
Post-hearing
Musharraf’s lawyer Ahmed Raza Kasuri, while speaking to the media, criticised prosecutor Sheikh and said this treason case was not a trial of the former president but of the institution of the armed forces.
“We will not tolerate the humiliation of our army,” he said.
Sheikh, on the other hand, rejected the notion and alleged that certain elements were wrongly trying to drag the reputed institution into the case.
“This case is not against any institution but against a person who is trying to evade law,” he stressed.
The prosecutor expressed concern over the fact that Musharraf failed to attend hearings even when he was not sick and said the former military chief was hiding in the Rawalpindi hospital to miss hearings.
Opposition Leader Khursheed Shah asked why the government was going after Musharraf alone, adding that “a case against only one person seems suspect.”
Shah said, while speaking to the press, that the five judges who legalised the October 12, 1999 acts and validated the PCO should be tried as well.
Responding to a question regarding the timing of Saudi foreign minister’s visit and treason hearing, Sheikh said he was not aware of state matters.
Claiming that the army was not protecting Musharraf, Sheikh said he believed the former dictator cannot leave the country until the treason case is closed.
Lal Masjid petitioner
The Islamabad High Court (IHC) rejected a petition seeking a ban on Musharraf’s exit from Pakistan.
The Shuhada Foundation of Pakistan Trust, Lal Masjid, had filed the petition on January 3 to ensure the person they claim ordered the raid on the Lal Masjid stays in Pakistan.
The foundation is a representative body of people who died in the 2007 operation in Islamabad.
The court today said the former military ruler cannot exit the country without its approval, adding that others should not interfere in matters of the court.
The former military ruler was due to appear in a special court today and face treason charges under Article 6 for suspending, subverting and abrogating the Constitution, imposing an emergency in the country in November 2007 and detaining judges of the superior courts.
His advocate had said yesterday that Musharraf would not appear before the court because he in unwell. Anwar Mansoor, the senior counsel on Musharraf's legal team said "the world knows Musharraf is unwell."
The 70-year-old was taken ill and rushed to the Armed Forces Institute of Cardiology in Rawalpindi on January 2 as he was being transported under heavy guard to the special court.
Musharraf's medical records were also sent to expert's in Britain who will decide whether he requires treatment abroad or not.
The former president's name is currently on the Exit Control List (ECL) and while he can move around freely in Pakistan, he is not permitted to leave the country.
COMMENTS (39)
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Hats off to Ch Shujjat Hussain who has shown guts to stand by the side of Gen Musharraf. Where are the others. Don't be coward . Save Musharaf. Save Pakistan
@Ch. Allah Daad: So what is it that you want to see and how Musharraf be punished? say it loud so that entire world listen to what really your intentions are and what would like to achieve from it.
If you really want the law to be enforced - strong text"Open this trial to be publically available so that people of Pakistan knows how bad Musharraf was or the other way around" -
After all - Musharraf has ruled Pakistan for 9 years and because of that Pakistani have legitimate right to know everything.
A martial race deserves martial law, rather than inferior constitutional law. Why all the outcry when the army has a counrty?
@assad: In your opinion, no usurper will ever be tried if he happens to be a General. In other words, when a General conquers us, we are doomed. First time I have read that Army act is superior to constitution.
@Ahmed Ali Khan: This particular case is not about Musharaf's performance as a President. Its about abrogation of constitution, exceeding his powers and misusing his presidential powers. Suppose a person who is doing his job very well but on one day, exceeds his powers and destroys whole system. Should his crime be ignored because his previous record was perfect?
@ Lastword if it true than credit goes to organization for real comradeship - can these politician do like this for the blood relatives?
Did I read "reputed institution"? (Sic, Sic). Well, can someone please explain what is that reputation built on?
Musharraf has time to publicly confess his guilt and ask for forgiveness. May be this might cure his heart to some extent. Why die with shame and guilt remain inside his mind and heart.
@Safia:
What about the political dictators (Zardari and Nawaz) who stole millions from the ex-chequer or mismanaged the nation money and put the nation in so much of debt coz of their incompetancy. Their cases are their for ages but the judiciary not doing anything. Why everybody see what Musharraf has done. He at least something good for the country which these political idiots keep busy in accumulating tax payers money in their pocket.
@Ajab Khan Baloch:
Nearly the whole parliament have broken the article 62 and 63 and still elected by lying. I wanted them to be charged as well before Musharraf for breaking the constitution. I also wanted previous Zardari govt and the present govt for not protecting the lives and business of the people which is a vialation of constitution. I can go on based on the knowledge TUQ provided.
@Rex Minor: @Ajab Khan Baloch:
Understand the law before spouting how someone has escaped it. What is going on right now is simply a vindictive act with a veneer of "justice". Its so selective that all of the corruption of Chaudhry Iftikhar and his cohort in this drama and the many sitting in the current government is getting a pass. This is not JUSTICE in any sense of the word because its patently unfair.
Secondly if the rule of law is to be followed then Musharraf cannot be tried by this joke of a tribunal. There is a Pakistan Army act for a reason, as amended in 1978 to specifically include all crimes, including treason, committed by the personnel in uniform to be tried under it and not a civilian court including the Supreme Court. Musharraf was a serving chief and as such this "political" tribunal or the Supreme Court of Pakistan has no jurisdiction on an officer of the armed forces.
The problem is that people like to run their mouths off without knowing the basics of the issue on hand. A prime example is armchair experts here offering his expert analysis but falling short on the details of the law and the reality of the situation.
Please spare the public. Its already confused, but with experts like you commenting and misleading, God help us!
Few good men is a movie of Tom Cruise where the colonel accepts responsibility for his action and doesn't blame gis junior for following orders. He shd ask the court what's treason. For poors trason or constitution means nothing , ONly qeemay walay naan (food) matters
"Shah said, while speaking to the press, that the five judges who legalised the October 12, 1999 acts and validated the PCO should be tried as well." ++++++++++++++++++++++++++++++++++ Does the AFIC have another five beds ready for pateints?
I always ask myself: how is it possible that nobody is actually trying to investigate or prosecute the one who "forbade" the plane to land in which General Musharraf was in coming back from Sri Lanka tour in 1999? This was all before the martial law/emergency was imposed !!?
'Heart Attack" vs Heart Attack ++++++++++++++++++++++++++ Wink Wink.
Pakistan has been sobotaged for the past 6 years. Look at the economy. Rupee has devalued from 60 to almost 110 against the dollar. It's a conspiracy as well as getting a revenge and making it even by the non-performing leaders since more than 25-30 years and even beyond. It's a clear conspiracy to divide the army, politicians, people to nothing but weaken Pakistan. Pakistan was going upwards towards development during 1999 to 2007. Since we were born, have never seen stability in pakistan except corruption, bungling, misuse of power, lawlessness, injustices, hatred, terrorism, and on and on and on. The list is BIG. Wake up Pakistan.
If non-appearance in Court is being claimed due to illness,it is the right and duty of the court to seek medical report.
Why should Musharaf get special treatment; he should face the law .He is being tried for the highest offence: TREASON for breaking the Constitution. Let justice be done.I say televise the court proceeding
Justice demands that the trial should start from Amir ul Momeneen Zia ul Haq. All those who attacked the Supreme Court should not be spared. The judges who validated such act be brought to task. Not Musharaf alone.
I have a feeling that Justice Maulvi Mushtaq Hussain has got another life. Maulvi Mushtaq was also strict in application of laws without pardon. There was only one problem he was unaware of. There are some bees which can make anyone embarrassed. People run away leaving the dead body when they go after people.
Why doesn't Musharraf go to court and say yes I did what I had to for the sake of my country so hand me your punishment as you see fit. That's what a proper former army General should say. ... Not make excuses
He has been exempted from today's hearing, not indefinitely. The least a newspaper could do is report news correctly. He is still to be arraigned for which he will have to appear, no ifs or buts.
Did i hear people saying Sir. Musharraf? Sad day indeed. The one who is a Killer of its own innocent citizens, guilty of breaking constitution, and guilty of making decisions which were against interest of Pakistan. Sir pardon me but do you still think he can be titled "Sir"?
Long live Musharaf. Death to so called corrupt and hypocrite politicians.
Bravo Musharaf, a stepping stone towards victory....!
It would seem that there are no provisions in Pakistan constitution to protect the country from con men. Mr Parvez Musharaf has escaped from the law in broad day light.
Rex Minor
I think our Parliamentarians and Judges do not know about Article 6 of the constitution. Only Musharaf cannot be held responsible alone because how can one person run the country for 9 years. There were some others including the champion of Democracy "I.... Ch" who assisted the great leader. Now if this is justice to drag one to the court and leave free others,, then as a student i cannot define JUSTICE in Pakistan. Pakistan may not be on the Earth it might be on the other planet which have totally different concept of Justice.
I do not want to protect Musharaf, but i think what is happening with him is not justice and not following the constitution by true spirit is also a TREASON.
in the best interests of the health of the under trail the Court has to appoint its own Medical Experts and rely on their findings +++++++++++++++++++++++++++++++++++++++ If something untoward were to happen at AFIC the court would be held responsible!
What you sow is what you reap
As expected from this court created specially for victimization of one person.
Looks like the biased judiciary is on PMLN's agenda of punishing Sir Musharraf for putting country before the Constitution. Treason charges should be put upon those who had committed massive corruption during their tenures an hiding behind the so called DEMOCRACY(Civilian Dictatorship).
Looks like the same old script is started once again...Flashback...