Musharraf case: FIA had recommended to take into account role of facilitators, says report
Musharraf's legal team objected over government’s effort to conceal the recommendation made by the FIA inquiry...
The report concluded that, “The team has not found any mitigating circumstances that could minimize the culpability of Pervez Musharraf in his act of high treason." PHOTO: AFP
ISLAMABAD:
On Wednesday the interior ministry, in view of Supreme Court’s order in the high treason case against former President General (rtd) Pervez Musharraf, submitted the Federal Investigation agency's (FIA) inquiry report which recommended that the competent authority may also take into account the role of various facilitators in the unconstitutional promulgation of emergency on November 3, 2007.
The FIA team, headed by Additional Director General FIA Muhammad Khalid Quraishi and comprising two Directors Maqsoodul Hassan and Hussain Asghar, had submitted 237- page report on November 11, 2013 along with the list of 24 witnesses. The copy of the report is available to The Express Tribune.
Musharraf’s legal team strongly objected over the government’s effort to file compliant against only Musharraf under High Treason (Punishment) Act 1973, while concealing the recommendations made by the FIA inquiry team.
Musharraf’s lawyer Chaudhry Faisal Hussain said that government’s malafide intention is evident from the fact that the prosecution team did not attach the evidence along with complaint against their client. He alleged that the federal government was giving clean chit to co-accused in contradiction to the FIA inquiry.
The FIA had attached the documents including the Supreme Court's July 31, 2009 judgment, speech of Musharraf regarding promulgation of emergency broadcast by PTV on November 3, 2007 and secretary cabinet division’s notification about November 3, 2007 emergency.
The report also stated that the FIA team had treated the SC, July 31, 2009 judgment as a guiding beacon.
“The inquiry team made a number of attempts to obtain summary, notes & proposals etc concerning promulgation of emergency issued by General Pervez Musharraf on 3rd November 2007 as Chief of Army Staff. However despite the appointment of Focal Officer Anzar Rizvi by ministry of defence, no such document or relevant record was provided or shown to the inquiry team”, the report says.
The FIA report further read, “The team has concluded a vigorous inquiry and investigation in order to record the statement of concerned witnesses and officials and has obtained/ seized number of important documents and record relevant to promulgation of 3rd November 2007. In this regard, the team has also recorded statements of more than 25 important officials/ persons including then Attorney General for Pakistan Malik Qayyum, then Principal secretary law & justice division Justice (retired) Mian Muhammad Ajmal, then Cabinet Secretary Syed Masud Alam Rizvi, then secretary to president Mohsin Hafeez, then principal secretary to Prime Minister Khalid Saeed, former secretary interior Kamal Shah and others .”
It also noted that then Governor Punjab General (retired) Khalid Maqbool in his written statement has stated that the claim of Musharraf that promulgation of emergency was issued after deliberation with prime minster and governors’ etc is incorrect.
Commenting on the conduct of former president, the report states that when team summoned Musharraf to joint investigation on November 12, 2013 to record his statement, his staff replied that he had suddenly fallen ill with a “low grade fever “ and would not be able to join the investigation.
The report further revealed that Musharraf was asked to produce medicinal certificate in support of his illness but it was evident that his failure to record the statement was willful and he had no intention of joining the investigation and sudden low grade fever is just a pretext.
“He apparently is unable to produce any defence in spite of being provided an ample opportunity to do so. Inquiry report apprehended that due to lack of evidence in support of his defence General Pervez Musharraf may attempt to leave the country. Hence Enquiry report promptly moved the ministry of interior to place his name I ECL as being subject of investigation of High Treason under Article 6 of the constitution”, the report states.
The FIA team had recommended the government to lodge a formal complaint against Musharraf under high treason Punishment Act 1973.
The report concluded that, “The team has not found any mitigating circumstances that could minimise the culpability of Pervez Musharraf in his act of high treason. He is found responsible for subverting the constitution for his ulterior motives & personal advantage. By attacking the independent of judiciary and the fundamental rights, Musharraf subverted the very core pillars of the constitution. Perpetrators of such heinous offence, defined by the constitution itself, should not go unpunished.”
On Wednesday the interior ministry, in view of Supreme Court’s order in the high treason case against former President General (rtd) Pervez Musharraf, submitted the Federal Investigation agency's (FIA) inquiry report which recommended that the competent authority may also take into account the role of various facilitators in the unconstitutional promulgation of emergency on November 3, 2007.
The FIA team, headed by Additional Director General FIA Muhammad Khalid Quraishi and comprising two Directors Maqsoodul Hassan and Hussain Asghar, had submitted 237- page report on November 11, 2013 along with the list of 24 witnesses. The copy of the report is available to The Express Tribune.
Musharraf’s legal team strongly objected over the government’s effort to file compliant against only Musharraf under High Treason (Punishment) Act 1973, while concealing the recommendations made by the FIA inquiry team.
Musharraf’s lawyer Chaudhry Faisal Hussain said that government’s malafide intention is evident from the fact that the prosecution team did not attach the evidence along with complaint against their client. He alleged that the federal government was giving clean chit to co-accused in contradiction to the FIA inquiry.
The FIA had attached the documents including the Supreme Court's July 31, 2009 judgment, speech of Musharraf regarding promulgation of emergency broadcast by PTV on November 3, 2007 and secretary cabinet division’s notification about November 3, 2007 emergency.
The report also stated that the FIA team had treated the SC, July 31, 2009 judgment as a guiding beacon.
“The inquiry team made a number of attempts to obtain summary, notes & proposals etc concerning promulgation of emergency issued by General Pervez Musharraf on 3rd November 2007 as Chief of Army Staff. However despite the appointment of Focal Officer Anzar Rizvi by ministry of defence, no such document or relevant record was provided or shown to the inquiry team”, the report says.
The FIA report further read, “The team has concluded a vigorous inquiry and investigation in order to record the statement of concerned witnesses and officials and has obtained/ seized number of important documents and record relevant to promulgation of 3rd November 2007. In this regard, the team has also recorded statements of more than 25 important officials/ persons including then Attorney General for Pakistan Malik Qayyum, then Principal secretary law & justice division Justice (retired) Mian Muhammad Ajmal, then Cabinet Secretary Syed Masud Alam Rizvi, then secretary to president Mohsin Hafeez, then principal secretary to Prime Minister Khalid Saeed, former secretary interior Kamal Shah and others .”
It also noted that then Governor Punjab General (retired) Khalid Maqbool in his written statement has stated that the claim of Musharraf that promulgation of emergency was issued after deliberation with prime minster and governors’ etc is incorrect.
Commenting on the conduct of former president, the report states that when team summoned Musharraf to joint investigation on November 12, 2013 to record his statement, his staff replied that he had suddenly fallen ill with a “low grade fever “ and would not be able to join the investigation.
The report further revealed that Musharraf was asked to produce medicinal certificate in support of his illness but it was evident that his failure to record the statement was willful and he had no intention of joining the investigation and sudden low grade fever is just a pretext.
“He apparently is unable to produce any defence in spite of being provided an ample opportunity to do so. Inquiry report apprehended that due to lack of evidence in support of his defence General Pervez Musharraf may attempt to leave the country. Hence Enquiry report promptly moved the ministry of interior to place his name I ECL as being subject of investigation of High Treason under Article 6 of the constitution”, the report states.
The FIA team had recommended the government to lodge a formal complaint against Musharraf under high treason Punishment Act 1973.
The report concluded that, “The team has not found any mitigating circumstances that could minimise the culpability of Pervez Musharraf in his act of high treason. He is found responsible for subverting the constitution for his ulterior motives & personal advantage. By attacking the independent of judiciary and the fundamental rights, Musharraf subverted the very core pillars of the constitution. Perpetrators of such heinous offence, defined by the constitution itself, should not go unpunished.”