Khudayar Mohla –
Finally, the top court announced on Monday that former army chief and President Pervez Musharraf will lose right of defence if the accused failed to appear before Special court trying him under high treason charges on May 02.
While taking up plea of a senior advocate Taufeeq Asif over delayed high treason trial against Musharraf since 2014, a three-judge bench of the Supreme Court led by Chief Justice Asif Saeed Khan Khosa asked the Special court to announce verdict in the matter after arguments of the prosecution if Musharraf failed to turn up before trial court during the next date of hearing.
Earlier, on March 28, Special Court has given last opportunity to Musharraf to appear before it while turning down request of Musharraf’s counsel that his client is willing to appear before the Special court on May 13.
On Monday, top court’s bench of the Chief Justice Asif Saeed Khan Khosa said if Musharraf failed to appear before the Special court on May 2, he will lose right to record statement under Section 342 of the Code of Criminal Procedures (CrPC), however, the Chief Justice said if the accused ensure his presence in the Special court on the given date of hearing then all no right of defence would be closed.
During the course of proceedings, Chief Justice Khosa was of the view that constitution protects rights of an accused as it emphasized to avoid hearing in absentia but at the same time the Chief Justice Khosa said that fugitive has no right to defend if intentionally avoid proceedings of trial court saying high treason is not an average offence.
However, prosecutor informed the top court that Musharraf was present in the court while the Special Court indicted him so the proceedings in the high treason case could not be termed as hearing in absentia.
It is worth mentioning that Special Court had indicted Pervez Musharraf under charges of the High Treason during March 2014, however the accused left for Dubai in 2016 for medical treatment, however, he failed to return to Pakistan as he was reportedly admitted to a hospital in Dubai.
The three-member bench of the apex court on Monday observed that Musharraf didn’t turn up before the Special Court despite giving commitments, observing that something should be done in the current matter.
Responding to query of the Chief Justice Asif Saeed Khosa that what would be happened if Musharraf failed to turn up before Special Court on May 2, Salman Safdar, counsel for Musharraf submitted that he has communicated the Special Court that his client is determined to appear before the court on May 13, however Safdar was not confident that Musharraf will appear before Special Court on May 2 which is next date of hearing of the high treason matter in Islamabad.
After a brief hearing of the matter, the top court bench expressed it will re-assemble after some time to announce short order in the matter. When re-assembled, bench of the Chief Justice Asif Saeed Khan Khosa said in order that Special Court trying Musharraf would have to adjudicate the matter on merit in case the accused failed to appear on next date of hearing. Later, hearing of the plea was adjourned sine die.
