According to the prosecution, Musharraf’s presence is not required in court after charges have been framed against him; the trial can also be concluded in his absence. DESIGN: FAIZAN DAWOOD
The defence team claimed that on March 27, Justice Arab announced in open court that he had ‘no interest’ in the case and walked out, following Musharraf’s lawyer Anwar Mansoor’s remarks that he had ‘no faith’ in the bench.
Amidst a storm of speculation, the judge issued a statement a few hours later, saying he had not recused himself. A member of the bench said, “We will seek clarification from the court after the announcement of recusal from the bench by the lead judge whether his presence in court is legal or not.”
The former president’s legal team has also demanded that certain observations regarding Anwar Mansoor be expunged from the written order passed on March 14 and the court records of March 27.
Independent legal experts believe that the trial will continue despite the defence team’s boycott. They said special laws empower the court to appoint any lawyer to represent the accused. A member of the defence team seconded this. However, he said any trial conducted in the defence team’s absence would be termed an ‘unfair trial’.
Security measures at the special court have been beefed up in anticipation of Musharraf’s appearance in court today (Monday), in compliance with an order issued on March 14, demanding his presence – enforced or voluntary – in the dock.
Islamabad police have covered their bases; a four-member committee has been formed to escort the former president from the Armed Forces Institute of Cardiology (AFIC) - where he has been admitted since January 2 - to court. Security passes have been issued to a select few only and a police team has been formed to arrest the retired general and bring him to court in the event that he refuses to appear voluntarily.
An RA Bazaar police chief is also on stand-by to accompany the capital’s police should they need to serve Musharraf a non-bailable arrest warrant.
The three-judge bench will resume its proceedings and, if all goes to plan, a charge-sheet against the former president will be read out to him. Today is the court’s deadline to frame charges against Musharraf.
A senior member of Musharraf’s legal team told The Express Tribune that his appearance in court is ‘still out of the question’. “So many questions are yet to be answered before the initiation of a formal trial,” he said. “We will stress our petition asking the court why the abettors equally responsible for imposition of emergency rule on November 3, 2007 are being spared.”
According to media reports, Musharraf has been shifted to the AFIC’s Intensive Care Unit after his blood pressure spiked. His lawyer Anwar Mansoor would not confirm or deny these reports. Another member of Musharraf’s team, Advocate Rana Ejaz, who was removed from the special court for his ‘contemptuous conduct’, was quoted as saying that Musharraf has been shifted to the ICU.
Should he appear in court today, Musharraf will seek permission to attend to his mother in Dubai, while also seeking treatment for himself. According to the prosecution, Musharraf’s presence is not required in court after charges have been framed against him; the trial can also be concluded in his absence. The prosecution reportedly does not object to travel permission granted to Musharraf after charges have been framed against him today.
The defence, however, is said to be mulling over the option to engage in a debate regarding Musharraf’s presence in court by force. A member of the former president’s legal team said ‘questions of Musharraf’s health condition and security concerns’ are at the top of a list of queries the defence intends to put forward today. The lawyer added that it was imperative to receive an all-clear from AFIC doctors before Musharraf leaves the hospital. However, a senior member of the team told The Express Tribune that they have ‘little say in the final decision’ regarding the general’s appearance in court.
Published in The Express Tribune, March 31st, 2014.
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History repeats itself !! Some 35 years ago, Bhutto's lawyers boycotted the Court proceeding in their arrogance and he was sentenced to death. Now Musharraf's lawyers are boycotting the Court in their arrogance... The only difference is that this time around Ahmed Raza Kasuri is on the other side of the fence.
If the government has courge then they should send police contingent to arrest Musharraf and make the similar mistake of stopping the plane from landing. This time our king won’t be going anywhere, that is for sure.
His mother is "serious" in Dubai. The commando himself has blood pressure and hence is in ICU. But despite his dire health he wants to be allowed to visit his mother in Dubai. He even promised to buy a return ticket. For a commando, he is showing a distinct lack of fight.
This is shameful act which is bringing dis-repute to our country. The act of high treason was committed by a group of large number of persons including the then PM, Governors, Core commanders, and chiefs of agencies. It is violation of Constitution not to include any one of them. As a matter of record, emergency on 3rd November was imposed by Chief of Army Staff who delegated the powers to the President to carry out the power under the Emergency. It must be remembered that on 28 November Gen. Ashfaq Pervez Kiani became the Chief of Army Staff who did not withdraw the powers delegated by his office to the President. Gen Kiani is therefore is also an abettor. The Special Court seems to be ignoring these facts. Pervez Musharaf is not getting a fair trial, in short.