ISLAMABAD - Counsels for General (r) Pervez Musharraf on Thursday filed an application in the Special Court with the pray to exempt the former president from appearance and allow him to proceed to the US for treatment.
Meanwhile, the Special Court rejected his counsel’s request for adjournment of the hearing till Monday.
The three-member Special Court, headed by Justice Faisal Arab, and comprising Justice Tahira Safdar and Justice Yawar Ali, resumed hearing of the high treason trial against the former dictator for holding the Constitution in abeyance.
Rana Ejaz, a defence counsel, requested the court to adjourn the case till Monday, saying the whole legal team was engaged in the review petition being heard by the larger bench of the Supreme Court against the July 31, 2009, verdict.
Earlier, Prosecutor Akram Sheikh argued the medical report submitted by Armed Forces Institute of Cardiology (AFIC) medical team did not include relevant test records. He termed the medical report a piece of paper, saying despite passage of 28 days the former president had not undergone an ECG or enzyme test.
The prosecutor contended that an ECG and angiography must be conducted within 48-72 hours if the patient is critical. But in Musharraf's case, no ECG has so far been done even after 28 days.
Referring to the recommendation of the medical board that the accused be sent abroad for medical treatment, Akram Sheikh questioned a person who could not come to the court at a distance of only 15-minute drive from his home, how he could travel for 19 hours to go abroad.
He said the journey from Islamabad to London was of nine hours and from London to the US again nine hours, so a person who is presumed to be ill could not travel for over 18 hours.
Akram Sheikh submitted that the medical report of Musharraf is based on the desire of the accused. “Will it be called an independent report or has the desire of the accused become opinion of the doctors?” the prosecutor questioned.
“This is not a report in the eyes of the law as there is no material before the court in support of the medical report,” Sheikh contended.
The prosecutor further said the court is empowered to examine the report and give its decision. He also cited various judgments that investigated the reasons before relying on opinions. He questioned if Musharraf does not have confidence in his own institution, why he has been staying there for the last 28 days.
Akram Sheikh submitted that the accused’s doctor Arjumand Hashmi could be invited to Pakistan to examine the health of the accused and he, as a prosecutor, could ask the government to arrange for his visit and bear all expenses to be incurred on the import of medical facilities for the accused.
The court adjourned the hearing till today (Friday).