Musharraf not to appear before Special Court

Due to life threatening ailments, the petitioner is unable to return and appear physically before the Special Court,” says the application

ISLAMABAD - Former military ruler General (retd) Pervez Musharraf once again expressed his inability to appear before the Special Court and tendered apology for the absence.

He requested the Special Court, hearing High Treason case against him, to grant him sufficient time to appear before the court physically for recording his statement under Section 342 of CrPC and sought adjournment of the case till after the month of Ramzan.

The three-judge Special Court presided over by Justice Tahira Safdar will take up the case today. The bench on last date of hearing had observed that this court will pronounce appropriate order in case Musharraf fails to appear before the court for recording his statement.

“Despite strong willingness and eagerness to return to Pakistan, due to life threatening ailments and medical complications, the petitioner is unable to return and appear physically before the Special Court due to circumstances simply ”beyond his control,” the application which shall be submitted by Barrister Salman Safdar before the court stated.

Musharraf through the instant application regrets his absence at the crucial stage of his examination and recording of statement under Section 342 CrPC.

Tenders Apology for his absence

“Petitioner wishes to draw the gracious attention of the Honorable Bench that his absence is not deliberate, willful or an excuse to avoid the ongoing Criminal Proceedings,” the application stated.

“In light of genuine life threatening illness and permission by Government to travel abroad for treatment Petitioner should not be treated as “Fugitive from Law” or “Proclaimed Offender” as was declared through the Special Court interim Order dated 19.06.2016. Petitioner is most eager to return to his roots and homeland and wishes to lead defense evidence and answer the Prosecution’s baseless case which has been filed with ulterior motive and malafide intention.”

The applications also attached his medical report with the application. According to latest assessment dated 29 April, 2019 undertaken by Dr Faraz Khan at Dubai, Musharraf’s condition has been termed as ”unsafe” with very high risk for his health and well being in case he discontinues treatment and travels.

“Permission to undertake exertion and travel has plainly been refused by the Medical Practitioner,” it stated. According to the Medical Report, Musharraf is suffering from Life Threatening Cardiac Amyloidosis (Congestive Heart failure), Chronic Kidney disease (High Creatinine in Renal System), Excessive Somnolence (Hypersomnia), Spinal Injury & Fracture. The report stated that individually and collectively the ailments not only require regular monitoring and hospitalization but also weekly infusion of Daratumumab with methylprednisolone.

The multiple ailments and Medical Complications has caused major weight reduction and has also effected the physical balance and mental alertness of Musharraf.

“The Petitioner is unable to appear before the Honorable Court due to reasons beyond his control. His health condition is serious, alarming and life threatening. Petitioner is extremely apologetic for the inconvenience caused to the Honorable Court due to his absence,” the application stated.

Barrister Salman Safdar said his client recognizes the enormous importance of Section 342 CrPC and he is anxious to physically appear before the Court for the mandatory requirement of examination as laid down in Section 6 (d) of the Criminal Law Amendment Act 1976, and 342 CrPC.

Musharraf in his application undertakes that as soon as his health condition improves and allows him to be mobile he will return to Pakistan and be examined under section 342 CrPC. The application prayed that taking into account Musharraf’s advanced age 76, his medical complications and precarious condition, an opportunity and reasonable time to appear physically before the Court for his examination under section 342 CrPC be granted.

“It is Prayed that in the “Interest of Justice” and on compassionate grounds the matter be graciously be adjourned till after “Ramadan” affording and enabling to Petitioner to appear before this Honorable Court for his Statement under Section 342 CrPC,” the application further prayed.

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