Musharraf was admitted to Armed Forces Institute of Cardiology (AFIC) Rawalpindi on January 2, when he suffered some heart problems on his way to court. During two earlier hearings of the matter, he could not appear before the court due to security reasons. Summoning Pervez Musharraf the bench said in its order, "We therefore direct the accused to appear before this court on January 16, 2014, failing which appropriate orders in this regard shall be passed".
During the hearing on Thursday, which was fixed for examining the medical report of Musharraf submitted by the AFIC on January 07, Syed Sharifuddin Pirzada, senior counsel for the accused, read certain portions of the report and contended that his client was suffering from a heart ailment and that his angiography had been advised. He further pleaded that an open heart surgery could be required, saying Musharraf had the rights to seek best possible treatment even if it means leaving for abroad.
To which, public prosecutor Akram Sheikh argued that nothing had been mentioned in the medical report that could have possibly barred Musharraf from appearing before the court. Sheikh further said, "In the medical report though it is suggested that angiography may be required but the accused is in a leading hospital of Pakistan for the treatment of heart ailment for the last several days and he has not opted to undergo such procedure".
Urging the court to summon Musharraf in the current matter, the Public Prosecutor pleaded, "in any case the presence of the accused is required on a date of hearing, which may be only for an hour in order to read out the charge to him, record his plea and thereafter the proceedings can take place in his absence through his counsel".
The bench ruled, "The medical report does not reflect that the accused suffered a heart attack or that he is ailing to an extent that he is unable to appear before the court".
The court also said in its order that neither any application for exemption from appearance was made nor even it was verbally requested by the Musharraf's counsel. "Today (Thursday) the defence counsel read out the certain portion of medical report of the accused but did not seek exemption from his appearance, hence, it is clear that the accused has failed to obey and comply with the order of the court," the bench ruled.
Over the applicability of Code of Criminal Procedure (CrPC) in the instant matter the court will announce its reserved judgement on Friday (today). The bench said in its order, "As to the decision on the applicability or otherwise of the CrPC to the present proceedings, the same shall be announced on January 10, 2014".