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Musharraf to lose defence right in treason case if he fails to appear on May 2: Pak SC

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Press Trust of India Islamabad

Pakistan's Supreme Court Monday ordered former military dictator Pervez Musharraf to appear before a special court on May 2, otherwise he would lose the right of defence in the treason case.

A three-member apex court bench headed by Chief Justice Asif Saeed Khosa was hearing a petition filed by lawyer Taufeeq Asif about no progress in the treason case due to absence of Musharraf.

The previous Pakistan Muslim League-Nawaz (PML-N) government had filed the treason case against the ex-Army chief in 2013 over the imposition of extra-constitutional emergency in November 2007, which led to the confinement of a number of superior court judges in their houses and sacking of over 100 judges.

 

The trial has not seen much progress since Musharraf, 75, left for Dubai in March 2016 after his name was removed from the Exit Control List.

He has not returned since, and is said to be suffering from Amyloidosis, a rare condition for which he has been admitted to a hospital.

The special court has declared him a proclaimed offender and ordered the confiscation of his property owing to his no-show.

The case has been virtually stalled as Musharraf's presence is important to record his statement.

The special tribunal hearing treason case already set May 2 as date for appearance of Musharraf.

The apex court while hearing petition ruled that Musharraf would lose right to defence if he did not appear before the special court to record his statement on May 2.

It also ordered that in case of Musharraf failing to appear, the special tribunal should proceed ahead and give verdict in the treason case based on the arguments of prosecution.

Justice Khosa also said that normally trial becomes unconstitutional in the absence of a suspect but the accused cannot be allowed to take the undue advantage of law and remain at large for a purpose.

Musharraf ruled the country from 1999 to 2008.

A conviction for high treason carries the death penalty or life imprisonment.

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First Published: Apr 01 2019 | 6:05 PM IST

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