ISLAMABAD: Former President Gen (Retd) Pervez Musharraf Tuesday appeared before the Special Court, for the first time after its formation to face trial under High Treason provisions for the proclamation of Emergency and suspending the Constitution on November 3, 2007.
He was earlier ordered to appear on December 24 but he missed repeated hearings since then, due to bomb scares and health issues with complain of heart problem.
The three-member bench of the Special Court, headed by Justice Faisal Arab including Justice Tahira Safdar and Justice Yawar Ali, resumed the hearing of case against General (retd) Pervez Musharaf for breaching the Constitution by imposing Emergency in the country on November 03, 2007.
Pervez Musharraf arrived in Special Court amid tight security but he was not indicted despite appearance before the court.
Musharraf in his stance before the court maintained that the jurisdiction of the special court be decided prior to the indictment.
Justice Faisal Arab remarked that aaccording to the law, the accused is charged on his presence in court.
On this, Anwar Mansoor said that the applications regarding jurisdiction of Special Court to hear the case and other miscellaneous applications, were pending before the court.
He requested the court that it should give its verdict on these applications prior to indicting the accused.
The Special Court announced to issue its verdict regarding shifting of case from Special Court to Military tribunal under Army Act and other miscellaneous applications.
At the outset of hearing, Justice Faisal Arab asked Anwar Mansoor that when Pervez Musharraf would appear before the special court.
On this, Anwar Mansoor replied that he cannot tell the exact time as security agencies would decide the schedule.
He stated that the trial should be held under a military court, on the grounds that Musharraf’s case falls under jurisdiction of the Army Act.
Anwar Mansoor in his arguments said the amendment 1977 Army Act was still an effective law.
Justice Faisal remarked that it means if any civilian violates law, then the case would be conducted in a Military Court.
Anwar Masoor replied that he was talking about Gen Musharraf and not defending the civilians.
After break, when Justice Faisal Arab asked Anwar Mansoor about the appearance of his client, he replied that Musharraf was sitting in his vehicle to appear before the court but Senior Superintendent of Police had refused to take the responsibility of his security.
He asked the court to issue order to Police to bring Musharraf before the court. Prosecutor General Akram Sheikh objected and stated that former President Pervez Musharraf is not under arrest, and he is a free citizen.
He said that the problem arouse when the Commandant Armed Forces Institute of Cardiology (AFIC) sought written reply that who was taking Musharraf while the Punjab Police stated that Musharraf was not in their custody, then how can they give a written statement to Commandant AFIC.
Later, the court summoned former President Pervez Musharraf on February 21 and adjourned hearing till Wednesday.