Pakistan court adjourns hearing in treason case against Musharraf as govt fails to appoint defence lawyer

The hearing in a high treason case against Gen (retd) PervezMusharraf has been adjourned for a month by a special court after thegovernment failed to appoint a defence counsel to represent the Pakistan’sformer military dictator, according to a media report on Wednesday.

The three-judge bench headed by Justice Tahira Safdar onTuesday adjourned the hearing for a month on the request of Acting Law andJustice Secretary Arshad Farooq Fahim who said his ministry has shortlisted thenames of six lawyers “but they were either unwilling to representMusharraf or need time to study the case”, the Dawn reported.

   

On June 12, the court had rejected Musharraf’s plea for theadjournment of the hearing on medical grounds and decided to conclude the trialeven in his absence. The court also cancelled the 75-year-old formerpresident’s right of defence due to his repeated non-appearance before thecourt.

The court had also barred Musharraf’s lawyer Salman Safdarfrom arguing on his behalf and directed the law ministry to appoint a defencelawyer for him.

The ministry had on June 27 shortlisted six lawyers – SyedAli Zafar, Raja Amir Abbas, Shah Khawar, Ishfaq Naqvi, Tahir Malik and RiazHanif Rahi – to represent the former president in the case, the report said.

The previous Pakistan Muslim League-Nawaz (PML-N) governmenthad filed the treason case against the ex-Army chief in 2013 over the impositionof extra-constitutional emergency in November 2007, which led to theconfinement of a number of superior court judges in their houses and sacking ofover 100 judges.

The trial has not seen much progress since Musharraf leftfor Dubai in March 2016 after his name was removed from the Exit Control List.

He has not returned since, and is said to be suffering fromAmyloidosis, a rare condition for which he has been admitted to a hospital.

The special court has declared him a proclaimed offender andordered the confiscation of his property owing to his no-show. The case hasbeen virtually stalled as Musharraf’s presence is important to record hisstatement.

The Supreme Court in a judgment on April 1 said thatMusharraf can come back to record statement by May 2, otherwise the tribunalwas free to conclude hearing even in his absence.

On May 2, Musharraf requested the court to delay proceedingsuntil end of holy month of fasting. So the court adjourned and set June 12 forhearing and his appearance.

But he failed to turn up and his lawyer requested thetribunal to delay the proceedings until improvement in health of Musharraf sothat he could come back.

The bench, headed by Justice Tahira, rejected the plea withobservation that proceedings could no longer be halted due to the accused’sillness.

The tribunal said the former ruler was fugitive and has lostthe right to engage a counsel unless he surrenders.

Musharraf ruled the country from 1999 to 2008. A convictionfor high treason carries the death penalty or life imprisonment.

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