ISLAMABAD - Former President Pervez Musharraf’s counsel prayed to the Special Court yesterday to adjourn the high treason case under Article 6 of Constitution for 14 weeks stating his client is abroad for his medical treatment.

The former Army chief’s lawyer on Monday filed the statement in pursuance of the court order.

The Special Court, headed by Chief Justice PHC Mazhar Alam Miankhel, will resume the trial on Tuesday (today).

The defence counsel’s statement stated that Musharraf proceeded abroad for his medical treatment after getting permission from the apex court and the consent of the complainant i.e. Interior Ministry, removing the ex-COAS name from the Exit Control List.

The statement further said that non-appearance of Musharraf is not intentional as he went abroad for the medical treatment, therefore, unable to appear before the Special Court.

The application contended that the health condition of Pervez Musharaf became extremely serious during the last week of February where the respondent was again admitted to PNS Shifa Hospital as a result of the respondent’s falling down, while going to the bathroom.

The doctors after conducting various tests advised the respondent to get his surgery to avoid any serious complications. Since the prescribed treatment could not be facilitated in Pakistan in absence of the requisite techniques and equipment. The respondent needed to proceed out of the country for the surgical management.

The Special Court was informed that in present to the medical advice the respondent filed an application before the Supreme Court of Pakistan, seeking permission to go abroad.

It was submitted that the Supreme Court of Pakistan vide a short order dated 16-03-2016 graciously upheld the order of the Sindh High Court whereby the respondent’s name was removed from the ECL.

After getting permission from the Supreme Court and with the consent of the complainant -- Interior Ministry, the respondent’s name was removed from ECL and he proceeded abroad.

The defence counsel had objected to Tausif Asif, former President of Lahore High Court Bar Association, Rawalpindi bench, application to implead the party in the case.

The statement said that the trial in hand is being conducted under Criminal Law Amendment (Special Courts) Act 1976, adding, the Act does not provide for the impleading of private persons as party. The prerogative to file the complaint under the law is strictly limited to the Federal government, which is empowered on the behalf of the prosecution to forward a complaint together with the list of accused persons, formal charges of offences alleged to have been committed by each one of them and a list of witnesses intended to be produced in support of each charge.

The name of the applicant (Tausif) does not even appear in the list of witnesses provided by the Federal govt.