Pervez Musharraf: court asks government to comply with its order

A Special Court on Thursday directed the federal government to comply with its order regarding the arrest of General Pervez Musharraf (retd) and attachment of his properties within and outside Pakistan by March 21. The Court on July 19, 2016 had ordered for arrest of the 'absconding accused' [Musharraf]" and attachment of his properties under Section 88 of CrPc.
A three-member Special Court comprising Justice Yahya Afridi, Chief Justice of Peshawar High Court, Justice Syeda Tahira Safdar, a judge of Balochistan High Court, and Justice Muhammad Yawar Ali, Chief Justice of Lahore High Court, heard the federal government's complaint for trial of Musharraf under Article 6 of Constitution 1973 for committing high treason by imposing emergency on 3rd November, 2007 and suspending and abrogating the Constitution. Akhtar Shah, representing Pervez Musharraf, said the former army chief is ready to come back to Pakistan and appear before courts where his cases are pending, but he requires foolproof security. He requested the court to direct the Ministry of Interior to provide tight security to him whenever he comes back to Pakistan, and he should not be stopped from going abroad whenever he likes.
Justice Yawar Ali said for appearing before the court first he would have to surrender himself before the authorities. "An absconder has no right unless he surrenders himself to the authorities," he added. Akram Sheikh, chief prosecutor, contended that national dignity has been compromised as the accused is still at large. He said the Special Court has unfettered power whether or not to acquit Musharraf. He urged the court to hand over the final judgment or if it is reluctant to proceed with the case then he would move the Supreme Court.
The chief prosecutor argued that the apex court allowed Musharraf to go abroad, but former Prime Minister [Nawaz Sharif] whose wife is a cancer patient and admitted in a UK hospital, is not being permitted by the Accountability Court to see his ailing wife. Earlier, the joint secretary Ministry of Interior informed the court that the ministry has verified Pervez Musharraf's properties within and outside Pakistan. He said in Pakistan out of seven properties Musharraf is the sole owner of four properties, while two are jointly owned by his wife and daughter.
Justice Yahya Afridi observed that the federal government had shown slackness to pursue this case. He said when the perpetual warrants of Musharraf's arrest were issued then the government had to approach Interpol for Red Warrants. "We just want to see what steps the federal government has taken after the court's last order," he remarked. Akram Sheikh contended that the prosecution's case was completed on 18-09-2014 after the recording of witnesses' statements. "After that defense counsel Faroogh Naseem had filed an application in the Special Court requesting to associate 560 persons, who allegedly had aided and abetted Musharraf in promulgating emergency on 3rd November, 2007.
He said the court on that application passed an order wherein it was decided to associate former Prime Minister Shaukat Aziz, ex-Law Minister Zahid Hamid and former Chief Justice of Pakistan Hameed Dogar in the high treason case. He said that the then CJP challenged that order in the Supreme Court upon that Justice Asif Saeed Khan Khosa rendered a judgment that Musharraf's trial in the Special Court should not be suspended. Akhtar Shah on behalf of former army chief's wife Sehba Musharraf, daughter Ayla Raza and Hayat Ullah Khan, a close relative of Sehba Musharraf, filed power of attorney regarding attachment of Musharraf properties and freezing of his bank accounts. The court decided to take up this matter on the next date of hearing.