ISLAMABAD
By Aamir Latif
A three-member bench trying Pakistan’s former military dictator General Pervez Musharraf for high treason on Wednesday reserved judgment over an application filed by the defense counsels asserting that the crimes under Army Act cannot be tried under normal criminal procedures.
The case was adjourned till Thursday. Earlier, Musharraf had been granted a two-day exemption from appearing before the court on January 6 on medical grounds. He is currently receiving treatment.
The Islamabad High Court had already rejected Musharraf’s petition demanding his trial by a military court. The IHC on December 22, 2013 declared that general Musharraf was no more a serving army official therefore he could be tried by a civilian court.
The special court that has been trying the former military ruler for imposing emergency in the country and holding the constitution in abeyance on November 3, 2007, declared that it would announce its ruling over the said application on January 10.
- Appearance ‘unlikely’
An 18-member defense team that is defending General Musharraf, had filed an application asserting that their client could be tried under Penal Code of Pakistan as he had imposed emergency as army chief.
The chief prosecutor, Akram Shaikh, however, objected on the application and argued that the Supreme Court of Pakistan had already declared that all the crimes under Army Act fell under the domain of Penal Code of Pakistan.
According to the constitution, a serving army officer or personnel can only be tried by an army court under the Army Act.
General Musharraf is expected to appear before the court on Thursday, January 9, however his appearance seems to be unlikely as according his lawyers, “he is not well enough to be discharged from the hospital”.
Musharraf, who had clinched the power after toppling the elected government of Prime Minister Nawaz Sharif in an enlightening military coup on October 12, 1999, is currently being treated at an armed forces hospital for a “heart attack” he suffered while on his way to the court on January 2.
Musharraf was forced to resign in August, 2008, when the then ruling Pakistan People’s Party, and opposition Pakistan Muslim League (PML) threatened to impeach him. The federal government last month had appointed three judges for the special court to try Musharraf for high treason under Article 6.
Musharraf is also facing trial in murder cases of former Prime Minister Benazir Bhutto, and former Chief Minister of Southwestern Baluchistan, and a veteran politician, Nawab Akbar Bugti.
He is on bail in the said cases.
englishnews@aa.com.tr
