Subject to appearance: Court issues arrest warrant for Musharraf

ISLAMABAD:

It took 91 days to test the special court’s patience. A three-member bench trying former president Pervez Musharraf for treason has issued a non-bailable arrest warrant for the retired general if he fails to appear in court on March 31.

If Musharraf fails to comply with the court’s order, the capital’s police chief is authorised to arrest him and bring him to court, despite security concerns. The court has directed that the interior ministry’s secretary should also be present on the day.

The bench, led by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali, summoned the former president on December 13 last year. He was subsequently ordered to appear in court nine times so that charges could be framed against him for imposing emergency on November 3, 2007; Musharraf failed to comply with these orders. However, he appeared in court for 16 minutes on February 18, when the court assured him that charges would not be levelled against him on the day.

Prosecutor Akram Sheikh told the special court on Friday that ensuring Musharraf’s security during this period has come with a Rs20 million price tag. Due to security threats, three travel routes from the Armed Forces Institute of Cardiology to the court premises were chalked out for Friday’s hearing. Shaikh remarked that due to the confirmation of a threat by an Inter-Services Intelligence representative, Musharraf’s legal team sought exemption from any court appearance, saying the condition of appearance in this case is contrary to the law.

Subsequently, the court submitted a written order saying a criminal case cannot be left dormant in such a manner while the accused is able to stand trial. The order states, “Let non-bailable warrants for production of the accused be issued for 31.03.2014 to be executed by the Inspector General of Police (IGP) Islamabad or any other officer designated by him. It is further directed that the warrants would be executed early in the morning of 31.03.2014 if the accused refuses to appear before this court on his own volition.”

On Thursday, the court was briefed by officials of the ISI regarding the threats Musharraf faced. A member of his legal team, Anwar Mansoor, told the court that the process of screening members of the security team requires six weeks and until the process is complete, Musharraf is unable to appear in court. Prosecutor Akram Sheikh vehemently opposed the grant of exemption, saying security personnel have been deployed following adequate screening. He added that the former president’s travel routes are manned by 2,500 security personnel in order to avert any attacks en route. Sheikh proposed that any charges against Musharraf be presented before his counsel, which could plead guilty or not guilty on his behalf, thereby enabling the trial to proceed. “The accused is deliberately avoiding appearance before the court in order to avoid a charge read out to him,” Sheikh said.

The court adjourned for 30 minutes, allowing both sides to formulate a practical solution. Following the break, the defence informed the court that Musharraf would not appear in court. “The proposal of the prosecutor Akram Sheikh to read out the charge to the counsel was repelled with the submission that such a procedure is alien to criminal law as the charge must be read to the accused directly,” a court order stated.

Musharraf has also filed a personal request seeking the court’s permission to attend to his unwell mother in Dubai.

Published in The Express Tribune, March 15^th, 2014.