Treason trial: ‘FIA report will embarrass govt’

Prosecution says defence’s request aims to delay deposition of witnesses.

ISLAMABAD:

Prosecutor Akram Sheikh on Wednesday told the special court headed by Justice Faisal Arab that disclosure of the names of General (retd) Pervez Musharraf’s alleged abettors will embarrass government.

When Justice Arab asked whether the accused has no right to seek details in a criminal case, Sheikh said, “We cannot embarrass the federal government by revealing the names of persons whom the Federal Investigation Agency has investigated.”

While there has been much wrangling between the defence and prosecution teams regarding the disclosure of the names of Musharraf’s alleged abettors, it emerged on Wednesday that the former ruler already possesses the documents that contain these details.

Despite the public prosecutor’s view that he is not ready to give the accused in the high treason trial access to official records, sources told The Express Tribune that the interior ministry has secretly provided a copy of the inquiry and investigation report of the FIA to Musharraf.

However, during the proceedings of the case both stuck to their stance.

Sheikh told the court that the application under consideration – which requests that the inquiry report be shared with the defence – has been filed to complicate the trial and embroil this special court in extraneous issues with a purpose to delay the recording of evidence.

Sheikh also rebutted the defence’s claim that FIA officer Hussain Asghar penned a dissenting note which reportedly states that Musharraf should not be singled out for the 2007 emergency.

Sheikh also told the court that the timing of the application filed is inappropriate and premature, as recording of evidence has not yet commenced and no witness has been deposed about the participation of any other alleged facilitators. Naseem rebutted his argument by saying that the 2007 emergency rule notification contains the name of those who aided the former ruler, therefore the burden is now on the prosecution to disprove this statement.

There is only documentary evidence available against Musharraf in this case, Sheikh said, adding that a joint secretary of the interior ministry is present in the court and the bench can direct him to produce the FIA’s investigation report.

The bench did not issue a direction for the inquiry report, saying that it will take a decision in this regard after hearing the defence counsel. After Akram Sheikh’s arguments, the court has adjourned the hearing till April 24 on the request of Naseem.

However, the court will announce its decision against the prosecutor’s appointment on April 18.

Published in The Express Tribune, April 17^th, 2014.