According to the official, the language of the declaration of emergency made by Musharraf on November 3, 2007, was taken from Aziz’s letter. PHOTO: AFP/FILE
Former prime minister Shaukat Aziz played a key role in the imposition of emergency in November 2007, according to the official record of the high treason case.
A senior government official told the Express Investigation Cell (EIC) that Aziz in writing advised General (retd) Pervez Musharraf to put in place extraordinary measures to protect the country from the crisis triggered by judicial activism a month earlier in October 2007.
Requesting anonymity, the official said that Aziz raised serious questions about the conduct and credibility of judges on the superior judiciary in his three-page letter. He also said that Aziz gave the impression that the judiciary had turned into a “fuss creator” and could lead to a constitutional and administrative crisis if left unaddressed.
According to the official, the language of the declaration of emergency made by Musharraf on November 3, 2007, was taken from Aziz’s letter. He elaborated that though the president’s office did not modify the body of the letter, it did change the title from “The dear president” to “the chief of army staff”, as Musharraf made the declaration of the emergency as COAS.
Aziz’s letter to the then president may “turn the case’ on its head during the trial, the official added. The said letter has been attached to the FIA fact finding report submitted to the interior ministry last week, and could be of great relevance once the trial court begins hearings into the treason case against Musharraf.
Despite his involvement, FIA investigators have not contacted the former prime minister to determine what compelled him to submit a letter which persuaded Musharraf to take extraconstitutional steps to prolong his rule. For example, it seriously questioned the role of Supreme Court judges and blamed them in part for the state of the country’s affairs.
Similarly, in his letter Aziz also questioned the role of law enforcing agencies and held them responsible for failing to tame what he believes was a hostile judiciary.
He also mentioned terror attacks on the military troops and sensitive installations, terming them a failure of state organs.
In a statement submitted by his counsel to the SC, Musharraf claimed that he consulted with the political and military leadership before imposing emergency.
His counsel had also hinted at Aziz’s letter addressed to their client to support their legal position that Musharraf did not take the decision in isolation.
However, the counsel’s claim is not gaining much support as key witnesses are refuting his claim that Musharraf had consulted them before imposing the emergency.
The statements of Musharraf’s close aides, of Malik Qayyum and General (retd) Khalid Maqbool are that the attorney general and Punjab governor from 2007 will be of great significance in the trial. Both of them, however, deny having prior knowledge of Musharraf’s decision.
The FIA will produce these and other statements of key witnesses before the trial court during the course of the hearing.
The FIA will also present Aziz’s letter, which legal and constitutional experts believe carries immense significance.
Former law minister Dr Babar Awan said that if any prime minister writes a letter or communicates with the president, it is to be read as advice of the PM to the president.
“If advice given by a prime minister through a letter is ultra constitutional, then in case of a prosecution under Article 6 for the offence of high treason, the chief executive shall be its prime accused,” he added.
Published in The Express Tribune, November 26th, 2013.
COMMENTS (18)
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We miss Musharraf too much. He is thinks only about Pakistan and the people living in. We are already reaping the fruits of the so called democracy and the independent judiciary.
Interesting. They have Musharraf whom they cannot allow to leave and they have Shaukat Aziz who they cannot get hold of! This is a nightmare but Justice will prevail.
If Musharraf is the President/PM of Pakistan, there would have had no problems whatsoever. Economy, Defense, Foreign Policy, Internal Security, everything would have been exemplary.
The rulers are trying to dump all storms of their failures in this storm, but are bound to miserably fail. Musharraf will emerge stronger out of this storm too.
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Than Shaukat Aziz must be a true Statesman as he can foresee the troubles which the State of Pakistan is going to bear due to the so called Independent Judges and True Democracy. So We must recommend his name for the highest Civil Award of Pakistan for warning the nation in time for the future debacles.
It would be insane thinking that Crowns and Stars of Rawalpindi will ever allow trial of their authority.
Aziz raised serious questions about the conduct and credibility of judges on the superior judiciary in his three-page letter. He also said that Aziz gave the impression that the judiciary had turned into a “fuss creator” and could lead to a constitutional and administrative crisis if left unaddressed.
True story!
Keep spinning the ball; throw mud on those beyond your reach or have expired. Best tactics
It is reassuring to see the law take its course. If citizens do not like the results of the laws, they have the right to move for a change in the laws.
The buck does not stop with Mush, he wants everyone else held responsible, that is not what the law states, whoever broke the law is to pay the price, in this case Mush
The reporter and Dr Awan are either naive or trying to deceive. Prime minister advised President fine but how come COAS issue provisional constitutional order on the advice of PM. Which law and constitution allows this--- In short this is no excuse
So they (politicians and judiciary) are failing yet again. Their all tactics will do nothing because President Musharraf is an honest and Pakistan loving leader who actually delivered to masses in real sense.
A Commando is used to surprise and shock the opponent(enemy) that is what General Pervez Musharraf will do and is doing ! Great leader ! The best we ever had ! Long alive Gen Saab !
Who cares? In the end the decision was taken by Musharraf who, post 18th amendment, was all-powerful. Doesn't change anything.
this is what Sheikh Rasheed was saying that it is going to open Pandora's box.coming true
In hindsight there is hardly anyone in this country that the judges were nothing but a fuss creator. Musharraf might be guilty for violation of Constitution particularly in 1999 but these judges deserved to be fired and locked up!
How about saying that his neighbors servant told him to impose Emergency and put all blame on him?