However, the prosecution challenged the contention of the defence lawyers, saying Musharraf cannot be tried under the Army Act as it has no provision for treason.
Musharraf, admitted to a military hospital in Rawalpindi on January 2 after developing heart problems, has skipped all hearings of the special court.
After hearing the arguments of lawyers from both sides, the court adjourned the case till tomorrow.
Musharraf has been summoned by the special court on February 18.