It is worth mentioning here that Balochistan High Court Chief Justice Tahira Safdar, who is the President of Special Court, is retiring on October 4 after that the bench would be incomplete unless the federal government appoints another judge.
A two-judge Special Court comprising Justice Nazar Akbar and Justice Shahid Kareem on Tuesday heard the federal government's complaint against former COAS Pervez Musharraf of high treason under the Article 6 of Constitution.
Raza Bashir, whom the court had nominated to represent the former army chief, sought time saying that before statement be recorded under Section 342 of CrPC, he should be provided an opportunity to meet with the accused. He requested the court to direct the ministry to arrange his meeting with Pervez Musharraf after that he could inform the bench either the statement will be recorded on WhatsApp or through video link.
Raza informed the bench that this morning (Tuesday) he has filed two separate applications under Sections 342 and 265-K of Code of Criminal Procedure, 1898. Justice Nazar stated that the stage for recording statement under 342 CrPC has passed. He further said that he was appointed to represent the accused in accordance with law. The judge asked why he had filed the applications that day (Tuesday), while he was appointed as defense counsel one month ago.
Prosecutor General Tariq Hassan pleaded that the ample opportunity was granted to the accused, adding the case has been lingering on for the last six years. He contended that for the last six years, plethora of applications on one ground or another have been filed on behalf of the accused but he has failed to produce any cogent reason so far.
Justice Shahid Karim noticed, "The application under Section 265-K is already pending, while the prosecution has filed a comprehensive reply therefore we have to pass an order on that application." The court, therefore, directed the prosecution and the defense counsels to come well prepared not only on one but also on all the aspects of the case.
The court noted that the defense lawyer was not prepared despite the fact that he was provided all the material related to the case a month ago.
The Special Court on August 22 last appointed Advocate Raza Bashir out of the list of 14 lawyers, which the Ministry of Law and Justice had submitted before the court. On the last hearing the Registrar, on the direction of the bench, handed over the copies of entire record to the defense counsel.
The court warned that on next the date no adjournment will be granted and if the counsel of any party would seek adjournment then they would impose heavy fine that will be paid by the counsel's own pocket. The case was adjourned until October 8.