Gathering storm: Ex-premier’s missive could turn around treason case

Shaukat Aziz had urged Pervez Musharraf to impose emergency rule.

ISLAMABAD:

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 26^th, 2013.