Top court dismisses Musharraf's review petition of July 3, 2009 judgement

Public prosecutor says Musharraf's medical report is just 'a piece of paper'.

ISLAMABAD: The Supreme Court on Thursday announced its decision to discard Musharraf’s review petition against the top court’s July 31, 2009, judgment, Express News reported.

The July 31, 2009, judgment had declared the November 3, 2007, emergency and Provisional Constitutional Order (PCO) unconstitutional.

The 14-member bench – headed by Chief Justice Tassaduq Hussain Jillani – said that the time period to file an appeal has lapsed.

'Piece of paper'

Separately, Akram Sheikh, the public prosecutor in the former president Pervez Musharraf’s high-treason case stated that Musharraf's medical report was ‘unprofessional’.

During a hearing in the special court in Islamabad, Sheikh said that the report was nothing more than "a piece of paper", adding that Musharraf's tests, including his ECG, had not been submitted. Sheikh also said that the court's questions had not been answered in the report.

Musharraf was accused of treason under Article 6 for suspending, subverting and abrogating the Constitution, imposing emergency in the country in November 2007 and detaining judges of the superior courts. The 70-year-old had allegedly fallen ill and taken to the Armed Forces Institute of Cardiology (AFIC) in Rawalpindi on January 2 as he was being transported, under heavy guard, to the court.

If Musharraf cannot make a 15-minute journey to court, how would it be possible for him to make an 18-hour journey to America for treatment, said Sheikh today. He added it would make more sense for American doctors to come to Pakistan instead.

Justice Faisal Arab, who headed the three-member bench constituted to hear the treason case, asked whether the AFIC is certified to an international standard. Sheikh affirmed that it was certified, adding that if a patient’s health is serious then an angiography is necessary within 48 to 72 hours to diagnose what is actually wrong.

He stated further that it has been 28 days since Musharraf was taken to AFIC and he has not had any such treatment. Not all pain is heart pain, it could also be an ache in chest muscles, Sheikh said.

Musharraf's advocate requested the court to adjourn the hearing till February 3, but the court refused.