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Special court to pass orders on Musharraf's medical reports today

09 January, 2014

ISLAMABAD: The special court will today (Thursday) pass an order on the medical report of former president Gen (r) Pervez Musharraf, who is facing a trial for high treason charges against him.

It is learnt that the prosecution team was consulting several doctors regarding Musharraf's medical condition as it would address the court today in this regard.

A prosecution team member, Ikram Chaudhry, told that there was nothing serious in the medical report and "therefore there is no problem for the accused to appear before the court for one day".

He said that when the charge sheet is read out before Musharraf then his personal exemption might be granted.

A three-member panel of the special court, headed by Justice Faisal Arab, on Wednesday reserved the judgement on the applicability of the Criminal Procedure Code (CrPc) in the Criminal Law Amendment (Special Court) Act 1976, and decided to pass an order tomorrow (Friday).

When the court asked Anwar Mansoor, counsel for Musharraf, to argue his applications, which had challenged the jurisdiction of the special court to hear high treason case, the learned counsel urged the court to first decide his plea on applicability of CrPc because if the court says that the order for establishment of special court under CrPc was defective then the proceedings before this court would also be defective.

"If the court declares that the CrPc is not applicable then the petitioner would have to approach other forum, as the complaint has been filed under CrPc."

Dr Khalid Ranjha contended that the Army Act has specific mention of high treason under Article 6 of the constitution.

Dr Tariq Hassan, a prosecutor, stated that this court had the jurisdiction to hear the case under section 3 (3) of Criminal Law Amendment Act 1976. He also said that there was well recognised principle all over the world that the court, before a case is filed, has to determine the jurisdiction.

Earlier, special prosecutor Akram Sheik argued on the maintainability of CrPc, saying that under the special law, criminal proceedings were "implementable" in this case.

In support of his arguments, he also cited several judgements under which the Criminal Law Amendment (Special Court) Act, 1976 was applied to the proceedings of special court.

Drawing a comparison between the general and special laws, Akram Sheikh stated that in the absence of special laws, general laws would cover the vacuum. Justice Faisal Arab inquired from the prosecutor to give his opinion whether the special court had powers to grant bail to an accused or not. Upon this, Akram Sheikh stated that the special court shall have powers, except the powers that a high court has.

Anwar Mansoor, s lawyer for Musharraf, also stated that he had been categorically stating that proceedings were not criminal, rather constitutional in nature. The hearing of the case was adjourned until today (Thursday).


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