[Prosecution
and defense attorneys also argued over the fairness of the proceedings,
according to Pakistani TV channels whose reporters were allowed inside the
courtroom. Kasuri loudly denounced chief government prosecutor Akram Shaikh as
a persecutor with close ties to Prime Minister Nawaz Sharif, who was ousted by
Musharraf in 1999 and won election again in May. Shaikh yelled back, “I can
shout louder than you.”]
By Pamela Constable
ISLAMABAD, Pakistan — Former president Pervez Musharraf, charged with high treason by
the current government, failed to appear in court Wednesday to face a formal
indictment for the second time in two weeks, while a testy exchange between his
lawyers and a panel of judges added a new round of drama to the closely watched
case.
The
special tribunal ordered Musharraf to appear Thursday, choosing to postpone the
hearing one more day instead of immediately arresting the 70-year-old former
military ruler and forcing him to attend the hearing. In a written order, it
said that “the presence of the accused is required” in court.
Musharraf’s lawyers, citing reports that explosives were found
again Tuesday near the general’s suburban farmhouse, argued Wednesday morning
that his life would be in danger if he traveled to court. One of them invoked
the specter of historic public assassinations, including those of President
John F. Kennedy in 1963 and Indian Prime Minister Rajiv Gandhi in 1991.
Musharraf, a retired army general who ruled Pakistan from 1999 to
2008 and returned from exile last
March in hopes of staging a political comeback, has been charged with illegally
suspending the constitution and imposing a state of emergency in 2007 during a
bitter confrontation between his office and the Supreme Court. If convicted, he
could face the death penalty.
His lead attorney, Ahmed Raza Kasuri, warned the judges Wednesday
that their own lives would be at risk if the trial proceeded. If Musharraf were
harmed, Kasuri said, “this court would be responsible.” He asked that the trial
be delayed for five weeks to prepare adequate security.
Justice Faisal Arab, head of the special three-judge tribunal,
retorted sharply that “this court will not be threatened” and that courts work
“even in wartime.”
Prosecution and defense attorneys also argued over the fairness of
the proceedings, according to Pakistani TV channels whose reporters were
allowed inside the courtroom. Kasuri loudly denounced chief government
prosecutor Akram Shaikh as a persecutor with close ties to Prime Minister Nawaz
Sharif, who was ousted by Musharraf in 1999 and won election again in May.
Shaikh yelled back, “I can shout louder than you.”
Despite the morning’s verbal fireworks, the court issued its
sober, matter-of-fact order shortly after noon , giving the aging general another chance
to appear. The ruling noted that more than 1,000 police and other security
personnel are being deployed to protect Musharraf, and it said that if he did
not comply, the court could order his arrest.
Musharraf failed to appear at his first scheduled court hearing in
December, citing security concerns after caches of explosives were found twice
near his home. On Tuesday, police reported again that a small quantity of
explosives and a detonator had been found near his heavily guarded compound.
Musharraf’s defense team has also filed legal petitions arguing
that the tribunal process is unconstitutional and biased and that because
Musharraf was an army general as well as president in 2007, he must be tried
before a military court. A separate civilian court rejected these petitions in
mid-December, but the defense has since appealed.
This week, a separate war of words has unfolded over whether the
former army chief enjoys the sympathy of Pakistan
Analysts have expressed concern that the spectacle of the former
army chief on trial in civilian courts could cause military unrest, especially
if it expands to include other former officials.
In a round of press interviews last weekend, Musharraf asserted that the army
was overwhelmingly on his side and that the charges against him represented a
personal and political vendetta by Sharif and his associates, stemming from the
1999 coup.
Response from various military quarters was swift but divided.
Some groups voiced sympathy for Musharraf’s efforts as president and
disapproval of the current prosecution, while others distanced themselves from
his dictatorial actions, saying they undermined Pakistani democracy. There has
been no public comment from current military officials.
“We demanded this trial,” said Masud ul Hassan, a retired
brigadier and general secretary of the association of ex-servicemen. “Our
country has suffered at the hands of past military rulers who abused the
system. We became a democracy at the same time as India
Ashraf Qazi, another retired general and former intelligence
chief, said some in the military liked Musharraf and appreciated his efforts,
while president, to improve Pakistan
“Opinions are split and support is split,” Qazi said. “Certainly
this is not something the army is happy about, but if is done correctly and
without discrimination, it may be accepted.”
