ISLAMABAD - Armed Forces Institute of Cardiology (AFIC) will submit a medical report to the Special Court today (Friday) on former President Pervez Musharraf’s health.
Ahmed Raza Kasuri, one of the members of the Musharraf legal team, talking to The Nation, said if the doctors declared that the ex-president’s condition was stable, he would have to appear before the court.
The Special Court on January 16 had directed constitution of a medical board, consisting of senior doctors of AFIC, to ascertain the health condition of Pervez Musharaf.
The public prosecutors believe the AFIC medical team would not give a report that could affect the institute’s reputation. Kasuri said: “It is quite possible the report may suggest that Musharraf’s health may deteriorate due to stress and tension if he appears before the court.” He, however, added the doctors’ opinion was final. An American doctor, Arjumand, has said he has been examining Musharraf since 2006 and there are calcium deposits in his arteries due to which he can any time have a heart attack. Earlier, the AFIC had submitted a report, stating Musharraf was suffering from nine diseases. “Coronary angiography is required to optimise the management and ascertain the possibility of further interventions, like coronary artery bypass surgery,” the report said
The court, rejecting the report, had ordered Musharraf to appear on January 16. The order said: “The medical report does not suggest that the accused (Musharraf) in his present state of health is unable to attend the court nor was any material placed on record to justify his inability to appear.” In view of non-appearance of Musharraf, the court ordered constitution of the medical board and said: “The issue of non-appearance shall be taken into consideration after examining the opinion of the medical board.” The medical team will report on how precarious is the health condition of the accused, which restricts his movement and prevents him from attending the court; whether the accused has undergone any surgery or other medical procedure during his stay in the hospital or any surgery or medical procedure is planned to be undertaken and for how long the accused has been advised to remain in the hospital.
Musharraf’s legal team had submitted a written statement before the court on January 15, saying, “Their client has earlier been under treatment at International Cardiology, Paris Regional Medical Centre, Texas, USA. He is being advised to visit the said medical institute for further treatment.”
Notification to form special court in Mush case: Former President Pervez Musharraf’s counsel Thursday continued arguments on the issuance of notification by the federal government saying the decision to issue notification for the constitution of Special Court was not made by the federal government but an individual. A three-judge Special Court headed by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali was hearing the high treason case against Musharraf.
Anwar Mansoor, lead defence counsel, in support of his argument gave the references from various books and the Supreme Court of Pakistan and foreign courts judgments.
He said that the secretary could not initiate the high treason trial against Musharraf. Justice Faisal Arab remarked the execution of cabinet decisions is made by the secretaries.
Anwar Mansoor said the Article 90 is very clear, which says, “The executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the Federal Ministers, which shall act through the Prime Minister.”
Anwar Mansoor contended that the secretary is mere head of a Division, while the minister is the overall incharge of the ministry. He said after the 18th Amendment all power would be exercised in the name of the President, but in the case of notification it was not done, as the cabinet did not decide to issue the notification. He said that the Prime Minister could not delegate the power directly to a secretary.
Justice Faisal Arab questioned whether the secretary was not subordinate to prime minister. Anwar Mansoor said everyone is subordinate to PM, but this word is not used in Article 90. He said that the Supreme Court in its order in Maulvi Iqbal Haider case had given direction to the federal government for inquiry and the investigation and not initiation of the high treason case Pervez Musharaf.
He said the section 4 of the Criminal Law Amendment (Special Court) Act 1976 says that the federal government may by notification in the official gazette, set up one or more Special Court, while it was issued on the Supreme Court direction.
Tariq Hassan,Public Prosecutor, contended that the federal government is not merely the Prime Minister and the Ministers but it also includes the secretaries and even the section officers. He remarked if the defence counsel argument is accepted that the federal government comprising prime minister and ministers.
Then the state land across the country should be in the name of the PM and the minister.
He said that there is difference between definition and the description as no definition of federal government is provided in the Article 260, while its description given in the Article 90 and other articles of the Constitution.