The Special Court hearing high treason case against former army chief General Pervez Musharraf (retd) has reserved its judgment, which will be announced on November 28.
A three-judge Special Court presided over by Justice Waqar Ahmed Seth and comprising Justice Nazar Akbar and Justice Shahid Kareem on Tuesday heard the federal government's complaint against former COAS Pervez Musharraf of high treason under the Article 6 of the Constitution.
In pursuant of the court order, the secretary interior filed the report. He informed the reasons for de-notifying the notification about earlier prosecution team and requested for sometime to issue fresh notification of new prosecution team.
Senior lawyer Akram Sheikh was heading the prosecution team, which comprised Tariq Hassan, Naseer-ud-Din Nayyar, Sardar Asmatullah and Barrister Natalya Kamal. Akram Sheikh had resigned soon after the PTI's victory in the 2018 general elections. However, the remaining members of the prosecution continued to appear before the court till October 8.
Prosecutor General Tariq Hassan in the last hearing had pleaded that the ample opportunity was granted to the accused, adding the case has been lingering on for the last six years. He contended that during the aforementioned period plethora of applications on one ground to another were filed on behalf of the accused and he has failed to produce any cogent reason so far.
During the proceedings, Justice Waqar Ahmed Seth questioned whether the government sought court permission before changing the entire prosecution team and said; "It is unacceptable and hence refused." He said despite having 25 days the notification for new prosecution team has not been issued yet. Raza Bashir, whom the court had nominated to represent the former army chief in August 2019, again moved another application for adjournment. It was the 3rd consecutive adjournment sought by the defence counsel. The court directed Musharraf's counsel to file written arguments two days prior to next date when the judgment would be announced.
In March 2016, the former army chief left Pakistan to seek medical treatment in Dubai, but has not returned so far.
The Supreme Court on 1st April 2019 asked the Special Court to proceed with the trial of high treason on the next date of hearing (May 2) in case Musharraf surrenders and appears to record statement under section 342, CrPC.
The apex court also ordered: "In case the accused fails to appear on the next date of hearing, being a proclaimed offender, the Special Court is empowered to proceed against the accused even in his absence under section 9 of the Act."
Copyright Business Recorder, 2019