The Secretary Interior has given clean chit to Pakistan Army’s officers, PCO judges, parliamentarians, cabinet members of 2007, civil officials in high treason case against ex president Pervaiz Musharraf stating that they can not be termed as abettor in the imposition of the November 3, 2007 emergency.
The three-member Special Court comprising Justice Faisal Arab, Justice Tahira Safdar and Justice Yawar Ali resumed the hearing of high treason case initiated under article 06 of the constitution for imposing emergency in the country.
The defence counsel Farogh Naseem continued the cross examination of complainant Interior Secretary Shahid Khan for third consecutive day but failed to conclude cross examining and the court adjourned further hearing till July 02, 2014.
Interior Secretary Shahid Khan answering the questions raised by Musharaf’s lawyer said that FIA has powers to record the statements of Prime Minister, Chairman Joint Chiefs of Staff CJCSC, Chief of Army Staff COAS, Corp Commanders and Defence Minister.
Responding to the question raised by the defence lawyer Interior Secretary said that according to rule of business Pakistan Army falls under the Ministry of Defence adding that than prime minister Shaukat Aziz, Chairman Joint Chiefs of Staff CJCSC, Chief of Army Staff COAS, Corp Commanders and Defence Minister, PCO judges, parliamentarians, cabinet members of 2007, civil officials can not be termed as abettor of Musharraf.
Shahid Khan responding to quarries said that Musharraf has been declared responsible for imposing emergency, issuing Provisional Constitutional Order (PCO) by the Joint Investigation Team (JIT), adding that it is correct that National Assembly (NA) session endorsed the proclamation of emergency in November 2007.
In 1998 the governor rule was imposed in Sindh, whether it was not a constitutional violation? Farogh Naseem questioned interior secretary.
Shahid Khan replied that he was not aware of the facts regarding the governor rule imposed in Sindh, adding that such action may fall under article 06 of the constitution.
He said that Secretary Interior has powers to direct the FIA officer to record statement of Prime Minister of the country, adding that I was not asked to initiate inquiry against the prime minster and the statements of two governors are the part of the documents provided in the case.
Secretary Interior said that JIT has not provided such record which show that president consulted the prime minister and no record, documents or summaries of FIA, Federal government and interior ministry have been kept hidden from the court or not have been destroyed.
It is not into my knowledge that Pervez Musharraf had not taken any summary, documents or record regarding the emergency at the time when he resigned from post, Shahid Khan said adding that there is nothing about statements of other governors in the record and I had not directed FIA to record statements of remaining two governors.
The inquiry report of JIT was comprehensive so it was assumed that there is no need to record the statement of other governors and law division also has not advised to record statement, he said.
The JIT made an effort to record the statement of CJCSC, COAS, Corps Commanders and Defence Minister but their statements could not be recorded, however interior secretary said that FIA can compel above mentioned officers to record their statements, adding that the military has its own laws as well.
Farogh Naseem raised question that whether Army and Musharraf fall under Defence Ministry? If it is so than why Musharaf was singled out for high treason case?
Shahid Khan responded that Army and Musharraf both fall under Defence Ministry but JIT has declared Musharraf as accused because he has ordered to impose emergency in the country.
He said that the official Gazette was not sufficient evidence so I have not relied on the official Gazzet only and it is not correct that all investigations have been done on the base of Supreme Court decision in Sindh High Court Bar case.
It is not correct that the portion of JIT report regarding action against abettors has been ignored, Secretary Shahid said adding that in November 2007 he was serving in Saudi Arabia as DG Hajj.
Complainant Shahid Khan he has not much interest in reading newspapers and watching TV so he had not seen the statements of than Prime minister Shaukat Aziz and cabinet members given after the imposition of emergency and had not read the article published in various English newspapers in which they have endorsed that Musharraf has consulted them.
Responding to the questions Shahid Khan said that it is correct that inquiry tema has not given such record on which base action could be taken against any cabinet member, adding that the emergency order, PCO and judges oath order was sent to all officials but no one of them has dissented those orders but this action of the officers could not be termed as abettor of Musharraf.
He further stated that the minutes of cabinet meeting held after imposition of the emergency was not sufficient evidence and the cabinet members would not termed as abettors as well.
The cross examination was underway but the court adjourned the further hearing till July 02. Meanwhile Farogh Naseem informed the court that he would try his best to appear before the court but if fails that Shaukat Hayat advocate would continue the cross examining the complainant.