High treason case: No relief to Musharraf until he surrenders, says IHC

ISLAMABAD: Justice Aamir Farooq of Islamabad High court (IHC) on Tuesday while giving his remarks on former president Pervaiz Musharraf’s plea against the order of special court said proclaimed accused’s petition could not be heard until he surrendered to the court.

IHC division bench comprising Justice Aamir Farooq and Justice Mohsin Akhtar Kayani on Tuesday conducted the hearing on the petition of former president Pervaiz Musharraf against the order of special court allowing formation of judicial commission to go abroad and record his statement in high treason case. During the haring, Musharraf’s counsel argued before the court that the order to form a commission to record a statement is illegal. He said a commission can only be formed to record the statement of a foreign witness. To this Justice Amir Farooq inquired from Musharraf’s counsel if there was any restriction on Musharraf to return to Pakistan.

Justice Farooq remarked that it’s barely two hours flight from Dubai. He advised that Musharraf can book a ticket and come back to Pakistan whenever he wants. To his Musharraf's counsel replied that former president is not facing any restrictions, his illness is the only reason for not travelling to Pakistan. Justice Aamir Farooq remarked, "A proclaimed offender’s petition cannot be heard until he has surrendered to the court." Justice Farooq further remarked, "How is this petition maintainable despite he being a proclaimed accused”. Justice Farooq urged Musharraf’s lawyer to present his arguments on this point. The court adjourned the hearing till November 19.

Earlier on Monday a petition was filed by Barrister Salman Safdar, the counsel for Musharraf. The petition states that order of special court be declared as illegal because it is affecting the legal rights of the petitioner. The petition further states that there is no precedent in Pakistan’s history pertaining to similar verdict.

The petition urged the IHC to annul the orders of special court. The special court on October 15 ordered that Musharraf’s statement in the high treason case against him be recorded through a commission. The Pakistan Muslim League-Nawaz (PML-N) government had filed the treason case against Musharraf for imposition of extra-constitutional emergency in November 2007. The former army chief was indicted in the case in March 2014 after he appeared before the court and denied all charges.