Treason case: Prosecution team decides not to submit a written reply to Musharraf’s plea

Akram Shaikh says court has already given its judgement in the matter, they are not bound to respond to the letter.

ISLAMABAD: The prosecution team in Pervez Musharraf’s treason case might not be pleased over his direct correspondence with the special court, seeking permission to travel abroad for his own treatment and to attend his ailing mother, but have decided against submitting a written reply over his application.

As the special court takes up Musharraf’s five-page application on March 11,  head of prosecution team Akram Sheikh while talking to The Express Tribune said the accused has written a lengthy letter to the special court, seeking its permission to travel abroad but the prosecution is not bound to respond to the letter.

Supporting Akram’s statement another member of the legal team, Ikram Chaudhry said they feel there was no need to file a reply over the plea of accused, “let the court itself decide the matter regarding his travel abroad for his treatment”, he added.

He contended that the matter has already been decided by the special court in its January 31 order; therefore, there was no need to give importance to Musharraf’s plea.

On the other hand, commenting over the government’s decision of not filing a reply, Pakistan Bar Council vice chairman Muhammad Ramzan Chaudhry said that it seems that the federal government has decided not to oppose Musharraf’s plea for going aboard. He however, added that it was the discretion of the court to allow the accused to travel abroad.

Similarly, the Supreme Court Bar Association president Kamran Murtaza said that by not replying to the plea the prosecution was giving it a chance to be admitted. “I believe that the high treason case will not come to a logical end and Musharraf will leave the country”, he added.

Another senior lawyer was of the opinion that there was no need to file a written reply in criminal cases as far as the prosecution team submits an oral reply in this regard. He said that Musharraf might be allowed to travel abroad after framing the charge against him.

The special court said in its January 31 order that the “accused has filed an application wherein apart from seeking his exemption from appearance, also sought further relief of allowing him to proceed abroad for his treatment at a medical facility and doctors of his choice in the United State of America.”

Regarding the court’s observations, Musharraf’s lawyer Chaudhry Faisal Hussain maintained that this application was neither argued by them on January 31 but now the legal team would present their argument with their client’s fresh application as the court has already issued notice to the prosecution team in this regard.

About his client’s appearance on March 11, he said that it would not be possible for him to come before the court due to security’s concerns.

Meanwhile, the prosecution team on Friday submitted its written reply to Musharraf’s plea to exempt him from appearing during the court’s proceedings as well as adjourn the high treason case proceeding until secure and proper arrangements were made. The government through chief prosecutor Akram Sheikh contended that the application was filed with the intent of delaying the trial.