ISLAMABAD: A local court on Saturday initiated the process of declaring former president Pervez Musharraf as a proclaimed offender in the murder case of Lal Masjid cleric Abdul Rasheed Ghazi.

In legal terms, after an accused fails to appear before a court, and if the court is satisfied that the accused is concealing himself to avoid the services of summons and warrants, action under section 87 or 88 of the Criminal Procedure Code (CrPC) will be taken to declare him as a proclaimed offender.

It is only after a proclamation is obtained that the court starts the process of declaring the accused an absconder and confiscate their properties.

Court directs interior ministry to submit report about ex-president’s exit despite non-bailable warrants

When Additional District and Sessions Judge (ADSJ) Pervaizul Qadir Memon took up the murder case on Saturday, a section officer of the exit control list branch of the interior ministry informed the court that Musharraf’s name was removed from the ECL in accordance with the due process.

Mohammad Yousuf, the station house office (SHO) of Aabpara, stated that the non-bailable arrest warrants issued by the court in February this year had been delivered to the farmhouse of the former president at Chak Shahzad. However, he added, the security guards at the farmhouse informed the police that Musharraf had not been living there for over two years.

Tariq Asad, the counsel for Haroon Rasheed, the complainant in the case, contended that he had already informed the court about the possible departure of Gen Musharraf from the country. He said the court had ordered the interior ministry to circulate the copies of the non-bailable arrest warrants to all the exit points of the country.

The ADSJ then directed the interior ministry to submit a comprehensive report on the matter and adjourned the proceeding to April 14.

The Aabpara police in September 2013 registered an FIR against Gen Musharraf under the direction of the Islamabad High Court where Haroon Rasheed, son of the slain Lal Masjid cleric, had filed a petition seeking legal action against the former military ruler for launching a military operation against Lal Masjid. The complainant’s farther and grandmother Sahib Khatoon were killed in the operation.

It may be noted that the military operation against the administration of Lal Masjid was launched in July 2007 after the civil administration failed to get vacated a children’s library located on the premises of the mosque.

Published in Dawn, April 3rd, 2016