Musharraf can't escape arrest in BB murder case for long: Experts

The British government's refusal to hand over former military ruler Pervez Musharraf to Pakistan in connection with the 2007 Benazir Bhutto assassination case, owing to the absence of any extradition treaty between both nations, cannot be construed as ending the case against the former president or letting him get off the hook.

Musharraf, during whose presidency former Prime Minister Benazir's assassination took place in Rawalpindi on December 27, 2007, was not named an accused in the original FIR, but the Federal Investigation Agency (FIA) later required him for investigation and named him in the case suspecting him of abetment/conspiracy, following which the court issued non-bailable arrest warrants thrice for him.

The notice, however, remained un-executed the third time as well, as no arrest of Musharraf, who lives in London, could come about.

The presence of an accused person before the court in criminal proceedings is mandatory under the Criminal Procedure Code, and the recent stand taken by London has brought about a new turn in the case wherein, as the jurists view, either the government will have to reach such a treaty or adopt other measures under the law.

The production of an accused from a foreign country is not possible without an extradition treaty between the two states, The Nation quoted international law expert Ahmar Bilal Soofi, as saying.

Responding to the question how the Interpol could be engaged to take custody of an accused abroad, Soofi said the Interpol also has to follow a procedure in this regard.

According to other legal experts, this procedure also envisages an Interpol operation only when an extradition treaty for the exchange of criminals exists between both countries.

About the court proceedings in case Musharraf remains out of the net, Former Advocate General of Punjab, Ashtar Ausaf Ali, said Pakistani law provides for separating the challan of an accused from others in that event, and his case would be kickstarted upon his arrest and appearance before the court.

On whether any other proceedings against Musharraf could be initiated in case he continues to escape the law, Ashtar said proceedings under Sections 82 and 88 of the CrPC could be invoked against him, which relate to declaring an accused as an absconder, the confiscation of his property and rescinding his passport if the accused is outside the country, which means that he would be confined to the territory of that country only.

In Ashtar's view, the Benazir assassination trial would not be vitiated in the absence of Musharraf, as he did not himself kill her, but his name emerged as a conspirator, which again is something to be proved on the basis of evidence and circumstances.

Senior jurist Abid Hassan Minto was of the view that the non-appearance of Musharraf did not mean that the case proceedings should be shelved. He said Musharraf may be declared a Proclaimed Offender (PO) in case if he deliberately avoids appearing before the court.

In Minto's view, holding Musharraf as an offender at this stage would be premature, as the allegations against him have yet to be determined. (ANI)