Rawalpindi - The prosecution in PPP former chairperson Benazir Bhutto (BB) assassination case on Monday filed an application asking the trial court to summon former president Gen (Retd) Pervez Musharraf to record his statement as an accused in the high profile case.

Anti Terrorism Court (ATC) Number 2 Special Judge Rai Muhammad Ayub Marth issued notices to Barrister Farogh Naseem, lawyer of Gen (Retd) Pervez Musharraf, to appear in the court on January 2 to have arguments on the application of prosecution. The application was filed through Federal Investigation Agency (FIA) Special Public Prosecutor Chaudhry Muhammad Azhar, asking the court to summon Gen (Retd) Pervez Musharraf for recording his statement under section 342 of the Criminal Procedure Code (CrPC).

The application said the prosecution had closed the evidence and the case is now at the stage of examination of accused under section 342. “The court can put questions to the accused only regarding prosecution evidence for which his personal appearance will be required under the law,” the prosecutor maintained.

The prosecutor added that a competent court of law in Islamabad had already declared Musharraf a proclaimed offender in a case. In such extraordinary situation how could he be represented by his lawyer in the court, the prosecutor added.

The prosecution prayed to the court to withdraw the concession granted to Gen (Retd) Pervez Musharraf under section 205 of CrPC exempting him from personal appearances.

The FIA in its investigation report had accused Gen (Retd) Pervez Musharraf of conspiring to murder former premier BB and facilitating the murderers. The former military ruler however had denied the charges.

The trial court is yet to provide questionnaires to all accused in the case. The questionnaires will have all charges against the accused and he would respond to the questions in their statements.

ATC No 2 Special Judge Rai Muhammad Ayub Marth deferred the hearing till January 2, 2017.