ISLAMABAD: The former military dictator retired Gen Pervez Musharraf has expressed willingness to join the stalled proceedings of the high treason case filed agai­nst him by the previous Pakis­tan Muslim League-Nawaz (PML-N) government, but linked his personal appearance before the special court with his medical condition.

Mr Musharraf also filed an application in the special court seized with his high treason trial, seeking to quash the trial proceedings against him since the complaint against him was moved without the approval of the federal cabinet.

During the hearing of the case on Thursday, Barrister Salman Safdar, the counsel for Mr Musharraf, told the court that the former president had been suffering from multiple diseases and was being treated at hospitals in the United Kingdom and the United Arab Emirates. He said his client was ready to testify in the high treason case on the next date of hearing on May 2 if his doctors advised him so.

Wants treason trial proceedings quashed on grounds that complaint against him was moved without cabinet approval

The counsel argued that Mr Musharraf had been facing serious cardiac issues and offered to the court that a commission be constituted at the expense of the former president to ascertain his health condition. He said the special court could not proceed further in this case in the absence of the accused.

It may be mentioned that the trial in the treason case has been stalled since March 2016 when the former military ruler, instead of recording his statement before the special court, left the country for medical treatment and never returned despite the issuance of red warrants.

The Supreme Court recently observed that Mr Musharraf might record his statement in person, via a video link or through his counsel in the form of a written statement.

Barrister Safdar informed the special court that despite the fact that Interpol had refused to execute the red warrants for Mr Musharraf, his client was still interested in joining the trial proceedings. He said that because of his old age and serious ailment Mr Musharraf was unable to personally appear before the court, but if his doctors allowed him to attend the proceedings he would record his statement at the next hearing.

About the application filed to quash the high treason complaint against Mr Musharraf, the counsel claimed that it was mandatory for the previous government to file the complaint with the approval of the federal cabinet, but since it had not been done, the court might declare it null and void.

The prosecution, after submitting evidence in the case in September 2014, had filed an application requesting the special court to conclude the trail in case Mr Musharraf did not come to record his statement under Section 342 of the Criminal Procedure Code.

The prosecution stated: “The object of Section 342 CrPC is to provide an opportunity to accused to explain the circumstances and give his version of events. It is a beneficial arrangement, which ensures that an accused is not taken by surprise and is designated to acquaint him with the evidence against him so as to possibly vindicate his position. The version of events and any possible vindication the accused could offer is already on file.”

Published in Dawn, March 29th, 2019