Court censures ministry for **t presenting Musharraf?s asset details

[ahlam1399]

Court censures ministry for **t presenting Musharraf?s asset details

ISLAMABAD: The special Court hearing the high treason case against former military ruler Pervez Musharraf on Tuesday expressed an**yance at the Interior ministry for **t presenting details about the property owned by Musharraf.

The Court observed that the Federation being the complainant seeking the initiation of a high treason case was **t implementing the court’s orders. A three-member bench of the special Court headed by Justice Mazhar Alam Khan Miankhel and comprising Justice Tahira Safdar and Justice Yawar Ali resumed hearing in the Federation’s complaint seeking the initiation of a high treason case against Musharraf for imposing emergency rule on **vember 3, 2007.

In pursuance of the court’s last order, the Interior ministry failed to submit the record of all the property owned by the accused (Musharraf). On the last hearing on May 11, the Court had declared him an absconder for his failure to ensure his appearance on multiple directions in the instant case.

The Court had declared Musharraf an absconder under Section 87 of the Criminal Procedure Code and directed the Federal Investigation Agency (FIA) to produce him before it on July 12. Similarly, the Court had directed the prosecutor to submit record of all property owned by the accused before the July 12.

On Tuesday, the Court in its order observed that despite clear directions, the list of properties of the accused in the light of its order of May 11 has **t been produced. When the Court asked counsel for the complainant in this regard, he submitted that the prosecution has properly conveyed to the ministry of Interior at proper time. Meanwhile, when the Court enquired Joint Secretary ministry of Interior Dilshad Ahmed Babar, he requested for some time to do the needful, **twithstanding, he has assumed the charge on May 25, 2016, having sufficient time to do the needful.

“When the ministry of Interior, which is also complainant of the instant case, is itself reluctant to comply with the orders of the Court and when the joint secretary, admittedly, himself is responsible **t only in this regard but also for wasting the precious time of the court, this Court is left with ** option but to put the said joint secretary on **tice to explain his position as to why he should **t be proceeded under Section 6 (2) of the Criminal Law Amendment (Special Court) Act, 1976, who shall submit his reply in this regard within seven days positively, failing which, the law shall take its own course,” the Court ruled in its order.

The Court directed the prosecution counsel and joint secretary ministry of Interior to submit the list of all the properties, movable and immovable, belonging to the accused on or before the date fixed date and ruled that ** leniency would be shown again.

The Court further ruled that since the accused has become fugitive form law and all the legal formalities as required under Sections 204, 514 and 87 of the CrPC have been completed against him, the defence present in the Court was directed to assist it whether or **t it can represent the accused anymore.

The Court in its order further ruled that proclamation **tice as required under Section 87 of the CrPC has been issued and served as directed and in this regard, statement of Ilyas Ali, Inspector FIA, has been recorded as SW-4. The Court observed that though the director legal, FIA was present before it but his statement in support of the report of process server could **t be recorded as the other Process Server, who served proclamation at Karachi, was **t before it, therefore, the director legal, present in the Court was directed to ensure the presence of the said process server on the next date of hearing for recording the statement, whereafter, his statement would also be recorded.

Earlier, at the outset of the hearing, the Court said why the lawyers of an absconder are coming to the court. The Court asked Ahmed Raza Kasuri, counsel for Musharraf, as to when his client was **t appearing before it intentionally then he was also ** more required to appear before the court. Kasuri replied that they would **t appear provided the Court issues written order in this regard. The Court was informed that prosecutor Muhammad Akram Sheikh could **t appear before the Court for being abroad. Later, the Court adjourned the hearing until July 19.





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