In a fresh setback for Pervez Musharraf, a special court conducting the embattled former dictator's treason trial on Friday ruled the criminal procedure code is applicable in his case and rejected his plea to stay an order summoning him on January 16.
The court, trying 70-year-old Musharraf on charges of high treason for imposing emergency in 2007, said the criminal procedure code was applicable in the matter. On Wednesday, the court had reserved its verdict on the applicability of criminal laws.
Though Musharraf's legal team filed an application seeking a stay on the court's order summoning him to appear in person on January 16, the judges ruled that they could not change their decision. The three-judge court observed that a decision could be changed only if there is a "typing mistake" in the order. It said Musharraf had been exempted from appearance thrice and that the former President's counsel had not submitted an application for his absence on Friday.
Prosecutor Akram Sheikh had on Wednesday said the Supreme Court had issued a ruling whereby all crimes under the Army Act fell within the domain of Pakistan's penal code. He argued the special court enjoyed all the powers of a High Court. While presenting his arguments, Musharraf's lawyer Anwar Mansoor said the criminal code could not be applied to the treason trial.
On Thursday, the court issued an order summoning Musharraf on January 16 after reviewing a medical report submitted by his counsel. The court observed the report did not mention that Musharraf had had a heart attack and that he was not in a position to appear before it.
Musharraf was taken to a military hospital in Rawalpindi on January 2 after he suffered a "heart complication" while being taken to the special court. He had skipped two earlier hearings after explosives were found near his home.
The former military strongman is currently barred from travelling abroad but there has been rampant speculation that he would be allowed to leave Pakistan for medical treatment.
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