ISLAMABAD: The prosecution in Benazir Bhutto murder case may drop former interior minister Rehman Malik’s name from the witness list.

Mr Malik is the fifth witness in the case in which former president retired Gen Pervez Musharraf is an accused.

On the request of the prosecution, the ATC on February 2 summoned Malik to record his statement on Feb 8. Malik, however, could not appear on the date or in the subsequent hearing on Feb 10.

Though the ATC has summoned him on Feb 15, special prosecutor Khawaja Imtiaz said if Malik did not appear on the next date of hearing, the prosecution might drop his name from the witnesses’ list.

According to Khawaja Imtiaz, three prosecution witnesses had been testified before the ATC which are sufficient to establish the case against Gen Musharraf.

Mr Malik had claimed that his name was not included in the list as he never recorded a formal statement with the investigation agency.

When contacted, Barrister Khurram Latif Khosa, who is representing Rehman Malik, said unless a person recorded a formal statement with the investigating officer under section 161 of the CrPC, he could not be asked to appear in witness box.

Besides Malik, former secretary interior Syed Kamal Shah, former DG National Crisis Management Cell retired Brig Javed Iqbal, former DG Intelligence Bureau retired Brig Ejaz Shah and US lobbyist Mark Siegel are the prosecution witnesses.