A three-judge bench of a special court hearing treason charges against retired Gen Pervez Musharraf on Tuesday said that it is vital the former president's statement be recorded in the case.
Musharraf left the country seeking medical treatment in March 2016 after being summoned by the court which is hearing a high treason case initiated against him for suspending the Constitution on Nov 3, 2007 — an offence for which he was indicted on March 31, 2014.
In today’s hearing, Justice Ali said former president’s statement could be recorded on Skype.
Musharraf's lawyer Salman Safdar said that he would have to ask his client if he wished to provide his statement over Skype.
“Can a 342 statement [statement of the accused] be recorded over Skype?” Justice Ali asked.
"The court had taken Mubarak Saigol's witness testimony in the Benazir Bhutto murder case on Skype," the lawyer told the court while adding that he would have to find out if the same can be done in the case of a 342 statement.
"It is not that the defendant does not wish to appear in court, it is that he is unable to be here because of his health," the lawyer explained.
"Musharraf had assured us that he would return," Justice Yawar Ali said, adding that the matter had now been raised in the Supreme Court.
To this, the lawyer responded that Musharraf is not returning at the moment and that even Interpol had refused to issue red warrants against the former president at the moment.
The prosecutor, Advocate Naseeruddin Nayyar, on the other hand, warned that Musharraf's presence in court is vital. He said that Musharraf is an absconder and should surrender to the court, and that his statement could not be recorded until that happens.
"The law will take due course if he does not return," the prosecutor added.
The court, while adjourning the hearing till Monday, told Musharraf's lawyer to inform the court about the former president's decision regarding recording his statement over Skype in the next hearing.
Advocate Nayyar was directed to give in written form to the court the prosecution's objections to recording the statement on Skype.
The court has asked both lawyers to assist it in finding out if a defendant's statement can be recorded electronically.