FIA team opens fresh investigation into Musharraf treason case

Former CJP Abdul Hameed Dogar appeals special court’s order in IHC

ISLAMABAD:

As per the three-judge special court’s order, a four-member team of the Federal Investigation Agency (FIA) has restarted investigations into the high treason case against subversion of the Constitution on November 3, 2007.

On November 27, 2015 the special court directed the FIA to reinvestigate the case and record anew the statements of former military ruler General Pervez Musharraf, former prime minister Shaukat Aziz, former law minister Zahid Hamid and former Supreme Court chief justice Abdul Hameed Dogar regarding their alleged role in subversion of the Constitution. The FIA was ordered to submit its report on December 17.



Earlier on November 10, 2015 the Islamabad High Court (IHC) set aside the special court’s November 21, 2014 order for inclusion of the names of Musharraf’s alleged abettors – Aziz, Hamid and Dogar – in the case and ordered the federal government to reinvestigate them.

The team – headed by the FIA Additional DG Wajid Zia and including Maqsood Ul Hasan, Dr Usman and Abdul Qadir – has gathered copies of the statements of Aziz, Hamid and Dogar from the IHC and will record their statements.



Former chief justice Dogar has moved the IHC and challenged the November 27 order of the special court through his counsel Syed Iftikhar Gilani. Dogar has contended that the special court did not have the power to order an investigation against any person not cited by the federal government.

“The [November 27] order is not within the powers of the special court as conferred by Criminal Law Amendment (Special Courts) Act, 1976,”.

Dogar’s counsel argued before the IHC on Friday.

Under the Act, he said, the powers to amend or submit an additional statement, at any time, is conferred on the federal government, and not to the special court.



He said the IHC set aside the special court’s November 21, 2014 order for inclusion of the names of the alleged abettors in the case and ordered the federal government to reinvestigate them.

However, the special court on November 27 directed the FIA to record the statements of Musharraf, Dogar, Aziz and Hamid regarding their role in the alleged subversion of the Constitution on November 3, 2007, and to submit a report on December 17, he said.

“The special court order disregarded the IHC judgment,” Dogar said, adding that he termed the November 27 order a ‘harsher version’ of the special court’s earlier order and that he felt ‘harassed and mortified’. He requested the IHC to set aside the special court’s new order as well.

Published in The Express Tribune, December 5^th, 2015.