ISLAMABAD: The prosecution opposed a plea of Pervez Musharraf to dismiss the breach of constitution case, in a special court hearing on Wednesday, ARY News reported.
A three-member bench headed by Justice Tahira Safdar, hearing treason case against former military ruler.
The defence counsel pleaded to the court that the health of former president Musharraf has deteriorated and sought an opportunity from the bench for his client to appear before the court.
He said the defendant was not in a position to give instructions about the case.
Prosecution counsel said that the defence counsel himself has not direct information, neither we have any source to confirm about his health.
“We have completed our arguments,” prosecution counsel said.
The court adjourned the hearing after the arguments of lawyers.
The court in a previous hearing issued notice to the prosecution over a plea of the defendant to dismiss the case.
The prosecution counsel argued before the court that the Supreme Court had ruled earlier that the former president will be deprived of his right to defend if he would not appear in the trial court on May 2 hearing.
Prosecution lawyer pleaded to the bench for rejection of Musharraf’s petition. Pprosecution called the bench to annul the right of defence of the accused.
“The hearing could not be adjourned over ill health under section 9,” the counsel argued.
“Can you challenge diseases described in the medical certificate,” the bench asked the counsel.
“How can I challenge if medical certificate is attached,” prosecution lawyer said.
The Supreme Court had earlier said that if Musharraf does not appear before the special court on May 2, he would lose his right to record a statement under Section 342 of the Code of Criminal Procedures (CrPC).
The court further said that in case of Musharraf’s absence on May 2 hearing, the court should give its decision based off the arguments of the prosecution.
Musharraf was indicted in a case for suspending the Constitution by proclamation of emergency on Nov 3, 2007. He left for Dubai in 2016 to seek medical treatment and hasn’t returned since.
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