Musharraf will deprive of right to defend if absent in May 2 hearing: SC rules

ISLAMABAD: A Supreme Court bench headed by Chief Justice Asif Saeed Khosa while hearing a contempt petition regarding Pervez Musharraf’s trial on Monday ruled that the the former president will be deprived to defend himself if he would not appear in the trial court in May 2nd hearing.

A three-member bench of the apex court in its decision said in his absence the trial court should conclude the case and give its final verdict.

The apex court ruling further said that the right to defend of an accused would suspend, if he deliberately remains absent.

Article 342 gives accused an opportunity to defend him, if the accused doesn’t want to avail this opportunity then he get himself deprived of this right, the court said. In that case he could not have right to present his witnesses in the case. In this situation, the trial court should hear the prosecution arguments and announce its verdict on the case.

The court adjourned the hearing for an indefinite period after the ruling.

Earlier, Chief Justice of Pakistan Asif Saeed Khosa during hearing of a contempt petition with regard to delay in treason case against Musharraf asked the former army chief’s lawyer “Will Pervez Musharraf appear before the trial court on May 2 hearing”.

“I have advised him so, but could not say with certainty due to his health issue,” Musharraf’s counsel replied to the apex court.

A three-member bench of the Supreme Court, headed by Chief Justice Asif Saeed Khosa, heard a contempt petition with regard to delay in hearing of breach of constitution case against Musharraf.

“He undergoes two session of chemotherapy in a week”, Musharraf’s lawyer said. He will definitely appear in the case if the process of chemotherapy will complete, the counsel added.

The prosecution counsel told the court that initially Musharraf appeared in the case. He heard the charge-sheet against him and pleaded not guilty.

Later, he pleaded for an exemption from appearing in the court and promised to appear in the case when it will be required, the counsel further said.

“Now he is deliberately absent,” the chief justice remarked. The trial in absence and deliberate absence are two different things,” Justice Khosa further said.

The trial in absence is wrong according to the constitution but deliberate absence of the accused is a different matter, the top judge observed.

An accused could not be given benefit of his deliberate absence, chief justice Khosa remarked.

The bench in a previous hearing presented three options to Musharraf, the first of which was, he can record his statement by appearing before the court in person. If he refuses to return to Pakistan, he can record his statement in the case through a video link.

The third option for the retired army chief was that the counsel of Musharraf answer the questions on his behalf, the CJP had said.

The contempt petition was filed by Taufeeq Asif, the ex-president of Lahore High Court’s Rawalpindi bench’s bar association. The petition pointed out that the proceedings of the treason case in a special court had come to halt since Musharraf had not returned to the country since 2016.

The counsel of the petitioner said that Musharraf is not giving serious attention to the court.

Musharraf has been indicted in a case for suspending the Constitution by proclamation of emergency on Nov 3, 2007. He left for Dubai in 2016 to seek medical treatment and hasn’t returned since.