Khudayar Mohla
ISLAMABAD: A Special Court hearing high treason case against former army chief and President Pervez Musharraf for subverting Constitution has decided to form commission for recording the accused’s statement who failed to appear before the court on medical grounds.
During the course of hearing on Monday , counsel for Musharaf, Barrister Salman Safdar submitted before a three-member special court led by Justice Yawar Ali, Justice Syed Tahira Safdar and Justice Nazar Akbar that his client was unable to travel form UAE to Pakistan on medical grounds otherwise he is willing to record statement in the matter.
Responding to a query of Justice Yawar Ali whether Musharraf had been diagnosed with cancer, Barrister Safdar informed his client was suffering from heart disease saying Musharraf is not coward as he has expressed wish to appear before the court for recording statement in his defense instead of video link arrangements.
To which, prosecutor raised objection saying Musharraf has declined to record statement via video link so it amounts to failure in availing opportunity to record statement under Section 342 of the criminal procedure code, however, Justice Yawar Ali observed Pervez Musharraf had produced a medical certificate of American Hospital Dubai during August this year.
Raising objection over the medical report, the Prosecutor said that it was an old medical report to which Justice Yawar Ali observed then there is requirement of fresh medical report after re-examination of the accused health.
Seeking time form the court to obtain further details about Musharraf’s health, Barrister Salman Safdar reiterated that his client’s health was not in good condition.
The bench said in its order that Musharraf wishes to record statement in the current matter but cannot appear in court due to his illness. Justice Yawar Ali said that the court has decided to form a judicial commission to record Pervez Musharraf statement saying the Commission will record Musharraf statement in UAE.
The court categorically observed that if any of the party of the case has objection over recording Musharraf statement through the Commission, can challenge the order of Special Court before High Court.
Later, hearing of the matter was adjourned till November 14.TLTP
