Musharraf seeks presidential-level security to appear in treason trial

• Special court summons interior secy on 27th

ISLAMABAD: Former president Pervez Musharraf on Monday informed a special court via his legal counsel that he will appear for the treason trial if presidential-level security is provided as the court summoned the interior secretary on August 27.

Presided over by Justice Yawar Ali, the court will also consider whether the trial can continue without recording Musharraf’s statement

Musharraf’s legal counsel Akhtar Shah informed the bench that his client is willing to come to Pakistan if presidential level security is provided by the defence ministry.

“Musharraf’s life is in danger,” he said.

“There were two attempts on his life: once in the Islamabad court and the other in Quetta during the Akbar Bugti case hearing,” he added.

“There is a non-bailable warrant out against Musharraf, so to provide him security is the government’s responsibility,” remarked Justice Nazar Akbar.

“It is necessary to record Musharraf’s [under Section 342 of the Criminal Procedure Code] statement,” observed Justice Yawar Ali in response to federal government’s request to finalise the case quickly.

The prosecution reminded the three-member bench that despite repeated summons, the former president had failed to appear before the court.

“What we have to see is that whether a trial can be held in Musharraf’s absence. And the question is that can the absconder’s counsel appear in the court,” Justice Yawar remarked in response.

In July 2018, prosecution head Muhammad Akram Shiekh resigned from the post citing an “imminent change of government at the Centre” as the reason.

“If Akram Sheikh wanted to leave the case, then why didn’t he submit an application? He is a senior lawyer; he should have known better,” Justice Yawar observed.

The case has been adjourned till August 27, with the court observing that “arguments on the legal side of statements made as per Section 342” will be heard then.

Earlier, lawyer Akram Sheikh had stepped down as the head of the prosecution team tasked by the previous federal government to prosecute Musharraf under Article 6 of the Constitution.

According to reports, the decision to resume the case pertaining to imposition of extra-constitutional emergency in the country in 2007  was decided in a meeting held on August 1 between three members of the bench namely; Lahore High Court Justice Yawar Ali, Balochistan High Court’s Justice Tahira Safdar and Sindh High Court’s Nazar Akbar.

In November of 2007, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan had pledged to initiate proceedings against Musharraf over his unconstitutional acts, but PTI has since been silent in this regard. Most of Musharraf’s close aides have also joined the PTI.

Interestingly, a key member of Musharraf’s party, Dr Amjad withdrew his nomination papers in favour of Imran Khan in NA-53. This case will also serve as a test of the superior judiciary’s resolve in concluding the trial.

On April 7 this year, Chief Justice of Pakistan Mian Saqib Nisar proposed to form a new special bench, led by Justice Yawar Ali, but the Pakistan Muslim League-Nawaz government did not issue a formal notification during its tenure.

Later, the caretaker government issued a notification regarding the composition of the special tribunal, which now comprises Sindh High Court’s Justice Nazar Akbar and Balochistan High Court’s Justice Tahira Safdar.

Justice Yawar Ali is set to retire on October 22 this year. It remains to be seen if the trial will conclude before his retirement.

Recently, the apex court summoned Musharraf, who has been living in Dubai since 2016, in a matter regarding his disqualification but he did not show up despite various guarantees offered by the apex court.