In the latest twist in the treason case against former president Pervez Musharraf, the head of the investigation team informed the Special Court that the military ruler was wholly responsible for the imposition of emergency in 2007.
In his testimony, Khalid Qureshi, who heads the Federal Investigation Agency (FIA) inquiry panel, said that his team had unanimously reached the conclusion that Musharraf subverted the Constitution and therefore recommended the registration of a complaint under High Treason (punishment) Act 1973.
A three-judge special court headed by Justice Faisal Arab was hearing the treason case against the former military ruler who was indicted earlier this year on charges of abrogating the country’s Constitution. Appearing as prosecution’s last witness, Qureshi informed the court that the ex-president had refused to record his statement when the team met him at his suburban farmhouse situated in Chak Shahzad on December 6, 2013.
“I showed Musharraf the Proclamation of Emergency Order, PCO and Oath of Office (Judges) Order bearing his signature,” he said.
Raising objection over Qureshi’s testimony, defence counsel Shaukat Hayat said the meeting was held on December 6, 2013 long after the submission of the inquiry report. However, the court overruled the objections.
The chief investigator said they had contacted relevant officials at the Prime Minister Secretariat, President Secretariat, Cabinet Division and Ministry of Law and Justice, Ministry of Interior and Ministry of Defence in order to obtain information relating to the imposition of emergency on November 3, 2007.
“We also wrote to Justice (retd) Malik Qayyum, ex-attorney general, Masood Alam Rizvi, the then cabinet secretary, Mohsin Hafeez, former secretary to President, Syed Kamal Shah, ex-interior secretary, Justice (retd) Ajmal Mian, ex-secretary law, Khalid Saeed the then secretary to PM and Hamid Khan, former chief commissioner regarding the November 3 action,” Qureshi explained.
According to the rules of business, these officials should have the record of the summary, recommendations or proposals, which were sent to Musharraf for the proclamation of emergency, he said.
Qureshi added that during their probe, these officials categorically denied sending any recommendation or proposal for imposing emergency in the country due to breakdown of law and order or inability of the government to function, etc. Subsequently, he revealed that all documents and statements recorded were submitted to the interior ministry through the FIA director general.
The chief investigator further said that on his direction, Najaf Quli Mirza, the then director of FIA Sindh, recorded the statement of Sharifuddin Pirzada, who served as legal advisor to the federal government and Governor Sindh Ishratul Ebad.
The hearing was adjourned till September 16 when the defence team is due to cross-examine Qureshi.
Published in The Express Tribune, September 12th, 2014.
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What a farse! It is rediculous to proclaim that a whole PCO and Emergency can be implemented without the notifications of these mentioned officials. That is not how the government works. Moreover, everyone has now seen the letter from the PM Shaukat Aziz that recommended the emergency be imposed. The officials FIA mentions do not report to the president, they report to the PM, so they would have sent their recommendation to the PM and he is the one who would have notified the president, which is what happened.
Why didnt' FIA panel chief of JIT ask the former federal secretaries:-The question:as to why did they implement the Nov 3,Emergency?.Had they not implemented the Emergency,it would have remained a piece of paper and no treason would have been committed.Does he still do not know who others were involved in imposition of the Emergency and Musharraf did it alone?.
Musharraf still in jail facing treason trail means-army and government on the same page otherwise one would have gone either Musharraf or government.
Once a general is charged for high treason such acts would end in the future. There would never be any talk of a third empire or army chief influencing politics. Let the courts and judges handle their jobs honestly and promptly. We are not blood thirsty like Gen Zia we should not look for Mush's blood. Once the crime is proved he should be sent out in luxurious exile and away from Pakistani politics.