Former president General (r) Pervez Musharraf on Monday challenged the order of a special court for his statement in the high treason case to be recorded from Dubai through a commission.
A special court on October 15 had ordered that Musharraf’s statement in the high treason case should be recorded through a commission under Section 342 of the code of criminal procedure. The former president challenged the order of the special court in the Islamabad
High Court.
In his petition, Musharraf stated that formation of a commission by the special court to reco
rd the statement was alien to Pakistan’s criminal procedure and an
unprecedented move. “Establishing a commission to reco
rd the statement of an accused under Section 342 of the CrPC is an
unprecedented step never undertaken in the legal history of Pakistan,” Musharraf submitted through his counsel Barrister Salman Safdar.
Substantiating his plea, Musharraf alleged that the special court failed to hear Barrister Safda
r over the legality of forming a commission, saying it is clear that the petitioner will not be given the opportunity to raise objection against the formation of the commission in the current matter.
Terming it a violation of the petitioner’s rights, Musharraf said formation of the commission was also a violation of his right to fair trial protected under Article 10-A of the constitution.
Barrister Safdar was of the view that a forensic dialogue cannot be said to have taken place unless the court analyses the expressions, the tone of voice, pitch, inflections and attitude of an accused whilst recording his statement. “C
onsequently, it is necessary for the process under Section 342 CrPC to be conducted in the physical presence of the accused,” he added.
Published in Daily Times, November 13th 2018.
