ISLAMABAD - The Supreme Court of Pakistan on Thursday directed the registrar of special court to submit a report pertaining to progress in high treason case under Article 6 against former military ruler General (R) Pervez Musharraf.
The top court has also directed the registrar of special court that the requisitioned report should apprise the bench about the reasons in delay of the trial.
The top court has also issued notices to respondents so as to determine how the special court will proceed in the absence of Musharraf. The top court ruled that the requisitioned report should reach within 15 days.
The Attorney General for Pakistan has also been directed to get instructions from authorities concerned to apprise the top court about steps taken to extradite Musharraf for the purpose of facing trial.
The trial against Musharraf has been pending before the special court under Special Criminal Law Amendment Act 1976.
When informed that Musharraf’s trial has been stalled due to his absence, Chief Justice Asif Saeed Khan Khosa observed that statement could be recorded through a video link if he does not return to Pakistan.
He was heading a three-judge bench which took up a review petition filed by Lahore High Court Bar Association through its then president Advocate Taufeeq Asif.
He pointed out that the proceeding of the high treason case has come to a halt since Musharraf had not returned to the country since 2016.
Advocate Asif contended that a person who has committed the most heinous crime against the state and its constitution and has been indicted for high treason under Article 6 and is liable to be taken into custody during the course of trial.
He added that despite the restraining orders of top court, Musharraf tried to move out of Pakistan clearly amount to contempt of court.
“High treason is the most serious offence under the laws and Constitution of Pakistan. Respondent No. 1 (Musharraf) has been trying to avoid his trial,” he contended.
Yawar Ali Shah, who headed the special court, had retired on October 21 last year following which the Pakistan Tehreek-e-Insaf-led federal government has not appointed any judge as head of special court.
Dr. Farogh Naseem, who had appeared in high treason case before special court on behalf of Musharraf, has been enjoying the portfolio of federal minister for law and justice. The bench expressed its regret that the proceedings were delayed despite constitution of special court.
The chief justice, however, made it clear that this court had not issued orders for his travelling abroad and it was the then government which allowed him to go abroad.
He ruled out the impression that this court had ordered for removal of Musharraf’s name from the Exit Control List. It was responsibility of government to place his name on ECL as well as to extradite him, he observed.
He questioned if a court becomes hostage to a suspect.