–Safdar says despite his deteriorating medical condition, ex-dictator was determined to appear before court on May 2
The lawyer of former president General (r) Pervez Musharraf, who is facing a high treason trial in a special court, said on Saturday the former military strongman is likely to return to Pakistan on May 1, his counsel Salman Safdar said on Saturday.
Speaking to reporters, Advocate Salman Safdar said despite his deteriorating medical condition, Musharraf was determined to appear before the court that had summoned him for the hearing scheduled for May 2.
Musharraf, who has failed to appear before the court due to his medical condition since 2016, is suffering from amyloidosis, a rare disease caused by a build-up of an abnormal protein called amyloid in organs and tissues throughout the body.
The lawyer said the approval of former president’s personal physician had become of upmost importance in the current circumstances, considering his fragile medical condition. However, family sources have confirmed his arrival date, he added.
A special court, hearing a treason case against the former army chief, had ordered Musharraf to appear before it on May 2.
The Supreme Court had also ordered the former president to appear before the special court on May 2, otherwise he would lose the right of defence in the case.
A three-member bench of the apex court headed by Chief Justice Asif Saeed Khosa while hearing a petition filed by a lawyer, who pointed out that the proceedings of the treason case — being heard by a special court since 2014 — had come to a halt as former president Musharraf had not returned to the country since 2016.
The apex court also said that if Musharraf does not appear before the special court on May 2, he would lose his right to record a statement under Section 342 of the Code of Criminal Procedures (CrPC).
The court further said that if Musharraf does not appear before the special court on May 2, the court should give its decision based off of the prosecution’s arguments.
Article 342 gives an accused an opportunity to defend him, if the accused doesn’t want to avail this chance then he get himself deprived of this right, the court said. In that case he could not have right to present his witnesses in the case. In this situation, the trial court should hear the prosecution arguments and announce its verdict on the case.
The contempt petition was filed by Taufeeq Asif, the ex-president of Lahore High Court’s Rawalpindi bench’s bar association.
Musharraf was indicted in a case for suspending the Constitution by proclamation of emergency on Nov 3, 2007. He left for Dubai in 2016 to seek medical treatment and hasn’t returned since.