Treason trial: Special court records evidence against Musharraf

Prosecution team says that it was not provided FIA’s investigation record.

ISLAMABAD:

After a delay of nearly six months, evidence was finally recorded against former military ruler Pervez Musharraf in the high treason case on Tuesday.

Interior Secretary Shahid Khan appeared before the court and recorded his testimony as the first witness of the prosecution.

However, the three-member bench of the special court, headed by Justice Faisal Arab, expressed its dissatisfaction over the interior secretary’s failure to furnish the original letter sent by the then secretary to the prime minister for initiating the treason proceedings against Musharraf.

Subsequently on Tuesday, the court ordered the interior secretary to present the original letter dated June 26, 2013, wherein then secretary to prime minister had directed Federal Investigation Agency (FIA) to constitute a joint investigation team  (JIT) to probe the November 3, 2007 emergency imposed by the former military ruler.

During the two-hour long proceedings, the chief prosecutor, Akram Sheikh, quizzed the interior secretary over events leading up to the imposition of emergency rule in the country.

Sheikh questioned whether directions to constitute the JIT to collect evidence in the treason case were conveyed orally or in writing by the PM’s Office.

Khan promptly replied that he received a written order by then secretary to the prime minister, adding that the letter was duly signed by the PM’s secretary.  Subsequently, the bench directed the interior secretory to submit the letter today (Wednesday).

On the other hand, Musharraf’s counsel, Farogh Naseem, expressed his apprehension over the records provided by the prosecution. He contended that the prosecution did not provide details of FIA’s correspondence with former Punjab governor Khalid Maqbool to record his statement on the promulgation of November 3 emergency.

Naseem claimed that the complainant violated the court’s May 8 order, whereby the prosecution was directed to provide evidence collected by FIA to the defence team.

He also pointed out that secretary interior had needlessly re-submitted several documents that were already provided along with the JIT report in an attempt to avoid vital documents related to the case, which violates the court’s order.

“The complainant’s attitude towards the orders and directions of this court is highly disrespectful, casual and manifests prejudice towards the respondent,”  Musharraf’s counsel added.  The hearing of the case was adjourned till today (Wednesday)

SHC ruling challenged

A lawyer has filed a petition in the apex court, challenging Sindh High Court’s (SHC) judgment wherein the government was directed to lift a travel ban on the former president Musharraf in 15 days’ time.

Former president of Lahore High Court Rawalpindi bench Taufiq Asif, through his counsel Hamid Khan contended that SHC’s judgment is void, without jurisdiction against the facts and the constitution and should be set aside in the interest of justice.

He stated that Musharraf’s name was placed on the ECL in view of the Supreme Court’s August 4, 2013 order, consequently the SHC was bound to follow that order.

Earlier in March, former president Musharraf was indicted on high treason charges, despite claims that he would be allowed to escape abroad. Last week’s verdict by the SHC is said to pave way for the ex-military ruler’s exit from the country.

Published in The Express Tribune, June 18^th, 2014.