SC to decide next week if Musharraf can seek treatment abroad
ISLAMABAD: The Supreme Court is expected to take up on Tuesday, March 15 an urgent application by former president retired General Pervez Musharraf, seeking one-time permission to proceed abroad for the treatment of a spinal ailment that has afflicted him for some time now.
A three-judge Supreme Court bench, consisting of Chief Justice of Pakistan (CJP) Anwar Zaheer Jamali, Justice Amir Hani Muslim and Justice Khilji Arif Hussain will hear the application, moved by the former military ruler through Advocate Chaudhry Faisal Hussain on Feb 25.
Musharraf, who is facing a treason trial for clamping emergency in the country on Nov 3, 2007, has also been ordered by a three-judge special court seized to record his statement on March 31 under section 342 of the Criminal Procedure Code (CrPC) – a statement which is usually recorded after the prosecution closes its evidence.
On March 15, the Supreme Court will not only take up Musharraf’s application, it may also hear a pending federal government appeal against the June 12 Sindh High Court (SHC) order removing Musharraf’s name from the exit-control list (ECL).
Apex court will also take up govt appeal against taking former military ruler’s name off ECL
The appeal was rushed through by the government on June 14, 2014 on the apprehension that once Musharraf leave the country, he may not return to stand trial under Article 6 of the Constitution.
On June 23, 2014 the Supreme Court had suspended the high court judgment until it decided the government appeal, and also formulated a set of questions to determine whether Musharraf could be allowed to leave Pakistan. The apex court had, in an earlier verdict on April 8, 2013, ordered the government to place Musharraf’s name on the ECL and ensure that he did not leave Pakistan until the court order was varied or modified.
In the fresh application, Musharraf has stated that his medical condition has greatly worsened. The application recalls a May 4, 2014 medical report, prepared by a private medical board consisting of top neurologists and orthopaedic surgeons from Karachi, which stated that Musharraf had fractured his vertebra.
The report had also indicated that the treatment for this kind of a fracture was not available in Pakistan, and surgery had to be performed in Dubai, North America or Europe.
Over the past two years, Musharraf’s condition had been deteriorating, but things took a serious turn on Feb 11, 2016 when he had to be rushed to PNS Shifa Hospital in Karachi.
Subsequently, on Feb 18, Musharraf complained of severe pain in the lower back and numbness in the left leg. Dr Imtiaz Hashmi, a leading consultant and orthopaedic spinal surgeon who had been treating Musharraf since 2011, was rushed to the applicant’s house and advised him complete bed rest.
Musharraf was brought to PNS Shifa again on Feb 24, where he fell while on his way to the bathroom. In view of different tests conducted on Feb 24 and 25, the application maintained, doctors had advised Musharraf emergency surgery performed to correct the fracture in the vertebra and avoid any serious complications.
Published in Dawn, March 11th, 2016