ISLAMABAD: A special court hearing the treason case against Pakistan’s former President Pervez Musharraf ordered the government on Thursday to arrest the ex-army chief and confiscate all his properties in the country.
The special court was constituted in November 2013 to try Musharraf for imposing a state of emergency in November 2007 when he was Pakistan’s president.
A three-member bench, headed by Justice Yahya Afridi, heard the case after a gap of nine months during which the Ministry of Interior submitted a detailed report on the properties owned by the retired army chief.
The court was informed that four out of seven properties of the family were directly owned by the former president.
Presenting his arguments, prosecutor Akram Sheikh requested the court to order the government to arrest the former president and seize all his properties in Pakistan.
As Musharraf lives in Dubai, the court asked Federal Investigation Agency (FIA) officials at the hearing about the procedure for bringing him back to Pakistan.
The FIA officials said that they could write to Interpol to arrest Musharraf, but only after the Ministry of Interior sent them a written request for that purpose.
Justice Yahya Afridi then ordered the government to follow the procedure to arrest the former army chief and seize his four properties.
Musharraf’s counsel, Akhtar Shah, requested the court not to order the confiscation of properties until March 21. He said that Musharraf respected the court and wanted to attend the trial but he was facing some health issues.
Shah also said that his client could face security issues in Pakistan.
Musharraf’s counsel requested that his client should not be barred from leaving Pakistan once he appeared before the court in the treason case.
However, Justice Afridi said that Musharraf should first surrender before the court as per law, adding that only after this the court could consider his other requests. The judge also clarified that the prosecution had already assured the court of the former president's security in Pakistan.
The former army chief was indicted on March 2014 but has rejected the charges against him.
Musharraf left Pakistan for Dubai in March 2014 for medical treatment after he was allowed by the federal government to travel abroad. The court, a few months later, declared him an absconder for not appearing.
Shahzad Arbi, a spokesperson for Musharraf’s All Pakistan Muslim League, told Arab News that all cases against the former president were politically motivated, but despite this he would appear before the court.
“Gen. Musharraf will himself announce his future course of action within two to three days after consulting his legal team,” he said. “We have a lot of respect for our judiciary and hope to get justice in the politically motivated and fabricated cases against Gen. Musharraf.”
Senior advocate Sharafat Ali told Arab News that it was a normal legal procedure to seize properties of any absconder and its purpose was only to make the accused appear before the court in a criminal case.
“A court cannot proceed against any accused in absentia in a criminal case. Therefore, legal options such as seizure of property and arrest warrants are used to ensure the accused’s presence in the court,” he said.
On the red warrants against Musharraf, Ali said that “Interpol usually refrains from taking action against former heads of state, especially in cases that are claimed to be politically motivated.”
The court has adjourned the hearing until March 21.
The special court was constituted in November 2013 to try Musharraf for imposing a state of emergency in November 2007 when he was Pakistan’s president.
A three-member bench, headed by Justice Yahya Afridi, heard the case after a gap of nine months during which the Ministry of Interior submitted a detailed report on the properties owned by the retired army chief.
The court was informed that four out of seven properties of the family were directly owned by the former president.
Presenting his arguments, prosecutor Akram Sheikh requested the court to order the government to arrest the former president and seize all his properties in Pakistan.
As Musharraf lives in Dubai, the court asked Federal Investigation Agency (FIA) officials at the hearing about the procedure for bringing him back to Pakistan.
The FIA officials said that they could write to Interpol to arrest Musharraf, but only after the Ministry of Interior sent them a written request for that purpose.
Justice Yahya Afridi then ordered the government to follow the procedure to arrest the former army chief and seize his four properties.
Musharraf’s counsel, Akhtar Shah, requested the court not to order the confiscation of properties until March 21. He said that Musharraf respected the court and wanted to attend the trial but he was facing some health issues.
Shah also said that his client could face security issues in Pakistan.
Musharraf’s counsel requested that his client should not be barred from leaving Pakistan once he appeared before the court in the treason case.
However, Justice Afridi said that Musharraf should first surrender before the court as per law, adding that only after this the court could consider his other requests. The judge also clarified that the prosecution had already assured the court of the former president's security in Pakistan.
The former army chief was indicted on March 2014 but has rejected the charges against him.
Musharraf left Pakistan for Dubai in March 2014 for medical treatment after he was allowed by the federal government to travel abroad. The court, a few months later, declared him an absconder for not appearing.
Shahzad Arbi, a spokesperson for Musharraf’s All Pakistan Muslim League, told Arab News that all cases against the former president were politically motivated, but despite this he would appear before the court.
“Gen. Musharraf will himself announce his future course of action within two to three days after consulting his legal team,” he said. “We have a lot of respect for our judiciary and hope to get justice in the politically motivated and fabricated cases against Gen. Musharraf.”
Senior advocate Sharafat Ali told Arab News that it was a normal legal procedure to seize properties of any absconder and its purpose was only to make the accused appear before the court in a criminal case.
“A court cannot proceed against any accused in absentia in a criminal case. Therefore, legal options such as seizure of property and arrest warrants are used to ensure the accused’s presence in the court,” he said.
On the red warrants against Musharraf, Ali said that “Interpol usually refrains from taking action against former heads of state, especially in cases that are claimed to be politically motivated.”
The court has adjourned the hearing until March 21.
