WPK-MUSHARRAF-(Read-Only)
Pervez Musharraf Image Credit: Virendra Saklani/Gulf News

Dubai: If convicted, former President of Pakistan General (retired) Pervez Musharraf will be the first former army chief to be sentenced to prison in a treason case for imposing emergency rule, suspending the Constitution in Pakistan in November 2007.

If Musharraf fails to appear in the court on May 2 to record his statement, the Supreme Court of Pakistan has ordered the Special Court hearing the treason case to announce its verdict on the same day.

The court said that if the former army chief fails to appear in the court on the said date, the judgment against General Musharraf would be issued on the basis of available evidence produced by the prosecution.

In Pakistan, a person convicted of treason may get death sentence or life imprisonment.

A special court had indicted Musharraf for high treason in March 2014.

Musharraf left for Dubai in 2016 to seek medical treatment for three months but did not go back since.

Last month, he was admitted to a hospital in Dubai after suffering a reaction from a rare disease for which he is already under treatment.

Musharraf’s health

Musharraf’s counsel Suleman Safdar had earlier informed the court that his client wanted to appear before the court on May 13. He said the former president was suffering from rare heart disease in Dubai.

It was necessary for his client to stay in hospital for eight hours in a day for chemo therapy, he further said. He said Musharraf was also suffering from a problem of backbone after he fell down in washroom.

A close aide of Musharraf who lives in Dubai, told Gulf News that the Musharraf is holding consultation with his legal team to respond to the court orders.

“Decision whether Musharraf will go back to Pakistan to appear in the court has yet to be taken,” he said, adding that decision about his return depends on his health condition. “Currently, his deteriorating health does not allow him to travel,” he added.

A three member Supreme Court bench head by Chief Justice Asif Saeed Khosa ordered that Musharraf would lose right of defense in this case on nonappearance on next hearing.’

The top court ordered that former military dictator would not be entitled to record his statement if he did not attend court proceeding. However, if the accused appeared on next hearing on May 2, he would be provided all facilities to present his defense, it further stated.

Earlier, Chief Justice Khosa asked Musharraf’s counsel whether the accused had given any assurance regarding his return.

What would be next option if the accused does not fulfill his commitment, he inquired. Musharraf’s counsel Suleman Safdar pleaded that his client wanted to appear before court to record his statement.

Will Musharraf go back on May 13 return

He said that Musharraf had given May 13, a date regarding his return.

Chief Justice Khosa remarked that the court wouldn’t let the accused exploit the situation by not appearing before the court deliberately, adding that high treason was not an ordinary case.

The former president had earlier given assurance to appear before the court if summoned, according to APP, the official news agency of Pakistan.

Khosa observed that the federal government itself allowed Musharraf to travel abroad but did not take measures to get him back.

Musharraf’s counsel stated that his client had never been arrested rather he was allowed by the government to travel abroad by admitting his health situation.

Declared Absconder

The former president became absconder during the trial process as he failed to appear in the court.

Musharraf’s counsel told the court, “We contacted Musharraf’s wife. The former president had set the date for his return as May 13 and he does not want to record his statement via Skype as there are too many documents.”

High treason case

Musharraf has been facing treason case filed by the Pakistan Muslim League-Nawaz (PML-N) government for imposing extra-constitutional emergency in November 2007. The former army chief was indicted in the case in March 2014 after he appeared before the court and rejected all charges.

On March 18, 2016, the former president left Pakistan for Dubai for medical treatment after his name was removed from the Exit Control List on the orders of the Supreme Court.

A few months later, the special court had declared him a proclaimed offender and ordered the confiscation of his property owing to his no-show.