Former president General (retd) Pervez Musharraf. PHOTO: AFP/FILE
Chief justice Isa directed the government to ensure Musharraf’s safety for the May 19 court hearing. However, he added that the former president can seek exemption from appearing before the court after he hears the charges.
Anti-Terrorism Court (ATC) Quetta Judge Justice Anwar Kasi had dismissed Musharraf’s application for exemption from appearing in person, after which the petitioner had approached Balochistan High Court.
ATC Quetta had issued five orders to Musharraf to appear in the case, but he has yet to make an appearance.
The application in the Balochistan High Court was submitted by Advocate Mohammed Ilyas Siddiqui on behalf of the former president under section 540-A of the Code of Criminal Procedure. Musharraf was named as an accused in the murder of former Balochistan chief minister and governor Akbar Khan Bugti.
The charge sheet in the case been submitted but a trial is yet to begin as Pervez Musharraf has never appeared in court to hear the charges. “If the charges were framed in the presence of the client then he would be at liberty to file application for exemption at a later stage,” the court observed.
Musharraf's counsel Advocate Muhammad Ilyas Siddiqui stated that the former president anticipates a threat to his life from different organisations and that the trial judge should have allowed his exemption from personal appearance by exercising powers vested in him under Section 540-A of the Code.
Additional Advocate General Humayun Tareen and Special Prosecutor Anti-Terrorism Court Sultan Mehmood opposed the petition, contending that the impugned order does not call for any interference as it is in accordance with the law.
The court said that the impugned order does not suffer from any illegality that requires correction. “If exemption from personal attendance is sought, such application would be considered by the trial court in terms of Section 540-A of the Code, but after the charge has been answered personally by Pervez Musharraf,” the chief justice observed.
COMMENTS (13)
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To you we are Musharraf trolls, to us you are trolls of the corrupt who cannot face and accept the fact that Musharraf, despite his few mistakes, is extremely popular due to the good he did for the country.
@Adnan Siddiqi: So says the anti-Musharraf troll...
@Humayun: Balochistan was a much safer place during Musharraf's time and there was progress being made, but the mismanagement or lack of action during the last 6 years have made the separatists and terrorists bolder.
What you sow shall you reap - A public service message for the trolls of Musharraf.
Why is commando afraid of visiting BHC ? Balochistan was supposed to be a safe place after 5th military operations launched in 2006 by Mush !
Vindictive Justice! Musharraf should not go to this BHC! This judiciary is playing a due role of a sheer bully! Isnt the esteemed CJ was anti Musharraf and an advocate for His Highness Arsalan Iftikhars father! No matter what he shouldn't appear in-front of this Punjabized judiciary even for a case which is not even guilty for. Decision to hit militant compound was taken by the country army operational concerned and I hope much concern which will be shown for 5 Army Jawans who embraced shahadat alongside the outlawed tribal chief! Frankly the thing was the 5 Army Shaheeds were called inside and due to a booby trap laid by militants the cave might have caved in. I know army arent idiots that they will take into jeopardy life of their jawan. I hope esteemed CJ had taken notice of HR abuses against Hazara Shia community!
Another politically motivated decision at the behest of Nawaz government to keep the former General from visiting his mother and seeking treatment. What is amply clear for all to see is that the judiciary in Pakistan is nowhere close to being immune to political interference despite all the slaganeering about having an assertive and free judiciary. Decisions are still not being made on the merit of things, rather under flimsy procedural issues which are being brought to fore to buy the Nawaz government more time.
How is the former President and CoAS responsible for the death of a tribal chief who blew himself up in a cave murdering 3 officers of the Pakistan Army? Using this utterly stupid logic, the TTP members should start bringing up cases against Nawaz Sharif and party for the raids against their people in the FATA. What is the difference between these two situations? In reality none whatsoever. No court would even entertain a case against Nawaz Sharif by a TTP supporter/family member yet all is kosher when it comes to singling out Musharraf. Amazing hypocrisy and double standards!
Perhaps they should carry on with this drama. Anyone with a slight bit of conscience can tell that this won't end in a nice way given this entire persecution is unfair and unjust. Divine justice however will find its way here.
he has billions and a very good team of lawyers, no wonder when it gets rejected it makes such headlines but none when it is accepted
The courts are becoming a joke.
Has anyone ever heard of a defendant having the audacity to demand that he not have to personally appear during his trial for murder? The term arrogant comes to mind. On the other hand maybe he knows that nobody has the guts to actually put him on trial so why waste his time with all the drama.