Exemption for Musharraf: SC to decide on Thursday
08 January, 2014
ISLAMABAD: The Special Court (SC) has remarked it will be decided on Thursday if more exemption from attendance in the court can be granted to former president Pervez Musharraf or otherwise on the basis of medical report.
The medical report of Pervez Musharraf was filed in SC on Tuesday. The court has granted exemption to Pervez Musharraf for two days more from appearance before it till the decision on medical report.
The court has remarked that final decision will be given after reviewing the medical report on Thursday.
A 3-member bench of SC headed over by Justice Faisal Arab resumed the hearing of high treason case against former president Pervez Musharraf Tuesday.
Anwar Mansoor counsel for Pervez Musharraf while giving arguments regarding application of article 6, article 4 and article- 204 of criminal procedure said no accused can be bailed out in high treason case. There is clear difference between the powers of special court and general courts. Treason case is also criminal case and special court has no powers to hear criminal case.
He further argued SC has been constituted under special act. I am not denying the applicability of article 265 in this case. But federal government has nominated one person. Law itself is sovereign and takes its course on its own. We will have to see now who is hit by this case and law says what with reference to it.
Continuing his arguments, Anwar Mansoor said article 265-A does not permit to arrest the accused. Parliament can recommend punishment but can not impose it nor it is binding on any court to award the same sentence compulsorily on the accused which has been proposed by the parliament. On the other hand court has to proceed in consonance with law.
He further contended that the accused can not be arrested during the course of hearing of high treason case. Its jurisdiction is limited. Constitution guarantees for provision of fundamental human rights to every citizen of Pakistan on the basis of equality. Therefore, it will have to be seen that the fundamental rights of the accused are not being encroached upon.
Justice Faisal Arab inquired " can arrest warrants be issued if the accused does not appear in the court despite being summoned.
Anwar Mansoor said the accused can not be arrested under article 204 and 265-A. He completed his arguments on Criminal Procedure (CRPC).
Medical report of Pervez Musharraf was presented after interval. The SC handed over it to the registrar for review remarking final decision will be given with reference to medical report on Thursday.
The court further remarked it will also be decided that more exemption can be granted to the accused on the said medical report or he will have to appear in the court.
AFIC sources said as per medical report of the former president, problem is found in the arteries and kidneys. However no confirmation has been made by SC on this count nor have the lawyers of parties concerned been told in this regard.
Justice Faisal Arab has issued directives that copies of medical report be provided to lawyers of the parties concerned.
The court directed the prosecutor to give arguments and record objections on the sections of CRPC with reference to its applicability today.
The hearing of the case has been adjourned till today.