Special Court adjourns Mush treason case till June 12.

Byline: Syed Sabeehul Hussnain

ISLAMABAD -- The Special Court on Thursday accepted former president General (Retd) Pervez Musharaf's plea to adjourn the case until after Ramazan after he expressed inability to appear citing his medical condition and the circumstances 'simply beyond his control'.

A three-judge bench of Special Court presided over by Justice Tahira Safdar took up the case of High Treason case against Musharraf for hearing. Musharraf was summoned to record his statement under Section 342 of CrPC.

A Supreme Court's three-judge bench headed by Chief Justice Asif Saeed Khan Khosa on April 1 had directed the Special Court to proceed with the trial on the next date of hearing (May 2) and further ruled, 'but if he failed to appear, being a Proclaimed Offender, the special court is empowered to proceed against him even in his absence under Section 9 of the High Treason (Punishment) Act, 1973.'

As well, the Special Court has also issued notice to the federal government over Musharraf's plea seeking acquittal.

During the course of hearing before the Special Court , Barrister Salman Safdar representing Musharraf filed application along with medical report and stated that Musharraf's absence is not deliberate, wilful or an excuse to avoid the ongoing Criminal Proceedings and his health condition is serious, alarming and life threatening.

Taking into account Musharraf's advanced age 76, his medical complications and precarious condition, the counsel pleaded for an opportunity and reasonable time to appear physically before the Court for his examination under section 342 CrPC.

According to latest assessment dated 29 April, 2019 undertaken by Dr Faraz Khan at Dubai, Musharraf's condition has been termed as 'unsafe' with very high risk for his health and well being in case he discontinues treatment and travels. The counsel submitted that permission to undertake exertion and travel has plainly been refused by Musharraf's medical consultant.

Prosecutor Naseer Ud Din Nayyar opposed the adjournment application and submitted that the accused has no legal rights after he failed to appear adding that the Supreme Court has laid down the procedure as to how to proceed the case.

However, Justice Shahid Karim, member of the bench, asked the prosecutor to point out in Supreme Court's order where it is mentioned that Special Court cannot adjourn the case. However, the prosecutor could not point out any such ruling in the Supreme Court's order. The...

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