High treason case shelved until Musharraf’s arrest or surrender

Special court orders seizure of bank accounts, attachment of moveable and immovable properties of the accused

ISLAMABAD: A Special Court on Tuesday sent the high treason case against former military dictator General (retd) Pervez Musharraf to the cold storage after rejecting the prosecution’s request to proceed against the accused in absentia.

The court, however, directed seizure of Musharraf’s bank accounts and attachment of his properties in Pakistan and adjourned the hearing until his arrest or surrender.A three-member bench of the Special Court, headed by Justice Mazhar Alam Khan Miankhel and comprising Justice Tahira Safdar and Justice Yawar Ali, resumed hearing on the Federation’s complaint seeking initiation of a high treason case against the accused for imposing emergency rule on November 3, 2007.

The court ruled that any person affected by the order of attachment of properties could file an objection within six months.In pursuance of the court’s July 12 orders, Joint Secretary (Poll/FIA) Dilshad Ahmad Babar appeared on behalf of the Ministry of Interior and submitted a 48-page report on moveable and immovable properties of Musharraf.

The court ruled that the reply submitted by the joint secretary in response to the show cause notice was accepted and hence there was no need for further proceedings.Prosecutor Akram Sheikh requested the court to continue proceedings and record the statement of the accused through Skype, saying that under the relevant provisions of the law, the trial had to be concluded at any cost.

He contended that when the accused, after the conclusion of the statement of prosecution witnesses, had himself submitted a written statement along with an application for arresting about 560 persons as accused alongside him, which was partly accepted, then the statement could be considered in this regard.

Akram Sheikh recalled that he had already submitted his statement pleading the court to record the statement of the accused through Skype under Section 342.He further submitted that the same procedure had been adopted in the murder case of former Prime Minister Benazir Bhutto when an anti-terrorism court issued orders that US journalist Mark Siegel’s statement should be recorded through video link.

Akram Sheikh said the court had no power to adjourn the case sine die nor the absence of the accused precluded it from releasing the decision adding that even absence of the accused was no ground for an adjournment.

The court, however, observed that it could proceed further if the accused was arrested or he surrendered himself and his statement was recorded under Section 342 of CrPc.However, the court said in its order: “But we would like to order for the initation of proceedings as required under Section 88 of CrPc against the accused for the attachment of his properties and, in this regard, all the district collectors of the areas concerned through concerned Secretaries Revenues/SMBRs are directed to attach the properties of the accused other than residential, falling within their respective jurisdiction”.

The court also directed the authorities concerned that the properties shall be attached through the session judges concerned.Referring to the details of nine bank accounts of Musharraf according to the list provided by the Joint Secretary Ministry of Interior Dilshad Ahmad Babar, the court order said: “As far as his accounts, as mentioned in the statement provided by the complainant, are concerned, those shall also be seized through the State Bank of Pakistan.”

The counsel for Pervez Musharraf in the case said now the Kashmir issue would be solved before decision on this case.Faisal Chaudhry, counsel for Ms. Sehba Musharraf, pointed out that all the properties and bank accounts were not owned by Pervez Musharraf, as he had gifted a major portion of holdings and other valuable to his wife and siblings.

The court passed an order that any aggrieved person from the court order of attachment of properties of Musharraf could file an objection with the court within six months.Expressing satisfaction over the entire proceedings under Section 87 of the Criminal Procedure Code to issue proclamation notice to Musharraf, the court ruled in its order: “The accused has been declared a proclaimed offender and a perpetual warrant of arrest be issued against him with the direction to the Director General FIA, District Magistrate, Islamabad and Inspector General of Police, Islamabad to enter his name in the list of Proclaimed Offenders, maintained in their offices”.

Meanwhile, as per report submitted by Dilshad Ahmad Babar on behalf of the interior ministry, Musharraf had submitted his ‘last’ wealth statement in year 2008 with the FBR.The report included that in the year 2008 Musharraf had seven plots of which two were in Karachi, two in Islamabad, one in Lahore and an agricultural land comprising 400 kanals in Bahawalpur.

The report estimated the amount to Rs4,20,14,000. Similarly, in the year 2008, the former military ruler had Rs1.3 million besides Rs0.68 million bank savings.However, the State Bank of Pakistan furnished the feedback of nine different private banks through the said report.

According to the balance as of July 13, 2016, Rs179.01 million is saved in Musharraf’s nine different accounts while Rs6.21 million is saved in the joint accounts of Musharraf and his wife.The Home and Tribal Affairs Balochistan reported that a plot measuring 1,060 square yards in the Sangar Housing Project is registered in the name of Pervez Musharraf.Interestingly, the Ministry of Defence replied that it does not maintain the record of both moveable and immovable properties of retired army officers.