ISALAMABAD - The Special Court on Friday held an order would be passed on former military dictator Musharraf’s medical report, after examining it, on January 24 to regulate his custody.
Akram Sheikh, the lead prosecutor, pleaded there were lapses in the court’s own orders. He sought removal of those lapses and issuance an order for at least symbolic custody of Musharraf.
The three-judge court, headed by Justice Faisal Arab, however, dismissed his plea, saying the name of the accused (Musharraf) was already on the Exit Control List (ECL). The court told him that after Musharraf’s medical report he could raise these objections.
The court also turned down Akram Sheikh’s request for constituting a medical board comprising five top cardiologists of the country.
Sheikh contended the court had overlooked its own orders passed on several dates. He said on December 13, 2013, the court found that prima facie there was a case against the accused and he was summoned for December 24. However, the accused did not appear. On 1st January again summons was issued to Musharraf for appearance. The accused again did not appear while the court did not pass an order to regulate his custody.
He further said on January 9 the court again directed the accused to appear, with a warning that the court shall pass an appropriate order if he failed to do so.
He said: “People laugh at the prosecutor team.” Justice Faisal Arab, showing concern, said: “We don’t pass orders to please or annoy anyone. We are least concerned about happiness or anger of anyone.”
Akram Sheikh said on January 16 Musharraf’ counsel read a letter from a Texas hospital, which indicated that Musharraf’s angiography would be conducted abroad. He questioned what would happen if, instead of being discharged from the AFIC, the accused flied abroad. Justice Faisal said the name of the accused was on ECL, adding “we are not concerned about what was happening outside the court.”
Anwar Mansoor continued his arguments on the applications regarding issuance of the notification by the federal government for the establishment of the Special Court, judges’ bias and the due process of law. It is the third time Anwar Mansoor gave arguments on the same issues, while Ahmed Raza Kasuri was busy reading a newspaper in the courtroom during the hearing.
He said before the November 3 emergency, the then Prime Minister Shaukat Aziz had written a letter to Pervez Musharraf, complaining of interference by some judges of superior judiciary in the affairs of the executive, worsening law and order situation and terrorism.
Justice Faisal Arab remarked it was nowhere written in the letter to promulgate emergency in the country.
During the arguments, Anwar Mansoor felt pain in the chest and took medicine in the court.
When Anwar Mansoor requested the court to adjourn the case till January 24, the prosecutor said under Criminal Law Amendment (Special Court) Act 1976, no adjournment was permissible.