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  • News Desk
  • Apr 1st, 2016
  • Comments Off on Treason case: Special court irked by Musharraf’s departure
A Special Court trying former army chief and President Pervez Musharraf in a high treason case issued directives to Federal Interior Secretary Arif Khan to why the government allowed the accused to leave the country during adjudication in the matter. A three-member bench of a Special Court led by Justice Mazhar Alam Miankhel also issued a show cause to Lieutenant General Rashid Qureshi (Retd), who is guarantor of Musharraf.

Qureshi had submitted a surety bond of Rs2 million for bail of Pervez Musharraf as he had given an undertaking that Musharraf would appear before the Special Court on every date and in case of default his surety could be forfeited. Talking to Business Recorder, a famous criminal lawyer of the town Abdul Aziz Chaudhry said that procedure on forfeiture of bond has been described in Section 514 of the Criminal Procedure Code as; "Whenever it is proved to the satisfaction of the Court by which a bond under this Code has been taken, or of the Court of a Magistrate of the first class, or when the bond is for appearance before a Court, to the satisfaction of such Court, that such bond has been forfeited, the Court shall record the grounds of such proof, and may call upon any person bound by such bond to pay the penalty thereof, or to show cause why it should not be paid".

The court had decided on March 08 to examine Musharraf by asking him to record his statement to disprove charges on March 31 but he failed to turn up. During the course of proceedings, the bench asked the prosecutor, Sheikh Akram, as to why the accused was permitted to go abroad when the Special Court had summoned him to appear before the court in person.

Sheikh submitted that he has informed the government about the situation by conveying the Special Court's order in the current matter to which the Special Court asked him to ask from the secretary of the federal interior ministry about the reasons behind Musharraf's exit. The prosecutor said he has nothing to do with the apex court proceedings about Musharraf's name on the exit control list, saying court may summon the secretary; to which Special Court summoned Arif Khan asking him to let the court know about the grounds about Musharraf's visit abroad when the Special Court had asked him to appear in person.

Sheikh pleaded that the court may record Musharraf's statement through a video link or skype; however, the court did not accept his plea. Appearing on behalf of Musharraf in the matter, Ahmed Raza Kasuri submitted an application seeking his client's exemption from appearance on medical grounds, but the bench didn't pass any order on the application.

During proceedings, the bench asked Musharraf's counsel Faisal Chaudhry why his client had left the country; to which he replied that he had conveyed the Special Court's orders to Musharraf, adding that he had no legal authority to restrict his client's movement. Chaudhry apprised the bench, "I have conveyed my client that 'if you'll' not appear before the court then the court will take its own course of action". Later, the bench adjourned the hearing of case till April 19.

Copyright Business Recorder, 2016


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