Special court sends Musharraf 27 questions

Former military ruler asked to record statement under Section 342 in high treason trial

ISLAMABAD: A special court hearing the high treason case has sent 27 questions to former military ruler Gen (retd) Pervez Musharraf to record his statement under Section 342 of Code of Criminal Procedure (CrPC).

The three-judge special court led by Justice Tahira Safdar asked Musharraf: why the treason case is against him and whether he wants to appear as his own witness on oath under Section 340(2) of CrPC to disapprove of the allegations leveled against him. “Do you want to produce any evidence in your defence?”

A copy of the questionnaire is available with The Express Tribune. It is; however, not yet clear whether Musharraf will respond to the questionnaire or not.

The court also asked: whether it is correct that he (Musharraf) as chief of the army staff imposed a state of emergency and promulgated the Proclamation of Emergency Order 2007 on November 3, 2007, and the same was endorsed by different functionaries.

“Is it correct that you by issuing the President Order 6 of 2007 – the Constitution (2nd amendment) Order 2007 -- empowered yourself as president to amend the Constitution from time to time and also suspended fundamental rights enshrined in articles 9, 10, 15, 16, 17, 19, 25 of the Constitution, the court also questioned?”



Likewise, the special court has also asked: whether on November 14, 2007, in exercise of his powers as chief of the army staff, Musharraf issued the Provisional Constitution (Amendment) Order 2007, duly signed by him.

Is it correct that you (Musharraf) on November 11, 2007, while exercising powers as president of Pakistan, issued with your signatures the ‘Oath of Office (judges) Order 2007’, which was circulated among different functionaries? says the questionnaire?

The court also asked the former army chief whether it is correct that the oath provided in ‘Oath of Office (judges) Order 2007’ amended the 3rd Schedule of the Constitution, requiring a judge to abide by the provisions of the Emergency Order 2007, and the Provisional Constitution Order 1 of 2007 “to perform acts and functions in accordance thereof”.

Whether it is correct that pursuant to ‘Oath of Office (judges) Order 2007’, judges of the superior courts -- including the then chief justice of Pakistan -- were removed and new judges were appointed by him.

The special court also asked about Musharraf’s November 3, 2007 address to the nation, wherein he declared time and again that he had proclaimed the emergency in Pakistan on his own accord.

Likewise, the court also questioned about the amendments to articles 175, 186-A, 198, 270B and 270C of the Constitution while Article 270AAA was added to the Constitution.

"Is it correct that the acts as noted in the proceeding questions were taken by you in your individual capacity without consulting any authority as the respective record is silent about the consultative process and giving of the assent by the respective authorities for subject acts, the special court further questioned.”

Similarly, the special court posed a question that Musharraf’s acts were not validated. “Is it correct that by promulgating the emergency order 2007, you (Musharraf) held in abeyance the Constitution?

“Is it correct that you by holding the Constitution in abeyance subverted the Constitution and committed the offence of high treason punishable under Section 2 of the High Treason Act (Punishment) Act 1973?”