ISLAMABAD - On the application of former President Pervez Musharraf that the court should take police files and entries record of investigations of the inquiry team into its custody, the Special Court Wednesday issued notice to the federation.
A three-judge court presided over by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali also directed the registrar of the Special Court to make arrangements for playing original tape of Pervez Musharraf's 3rd November 2007 speech in the courtroom to verify the transcript of the speech submitted by they prosecution.
Musharraf's application filed through his legal team states that on 5th August 2014 Khalid Rasool, one of the investigating officers of FIA, during his cross-examination before the court said that he had prepared the roznamcha (diary) and handed over it to investigative team along with the seized documents and, thus, he was unable to produce them before the court.
He pleaded ignorance when questioned about registering the inquiry/investigation of the case or an FIR in a FIA police station. The defence team's stance was that in terms of the directives of the secretary prime minister to the secretary interior dated 26-06-13, directive of secretary interior to the DG FIA dated 26-06-13 and office order of the DG FIA dated 27-06-13, periodical/weekly reports of the investigation were to be submitted within the shortest possible time.
The application stated that from 27-06-13 to 19-12-13 there are 25 weeks, meaning there ought to have been approximately 25 weekly progress reports sent to the DG FIA and the ministry of interior and further to the secretary PM in compliance of directive to the JIT.
The defence counsels believe that immediately after cross-examining Khalid Rasool the JIT/state started taking steps to engineer and manoeuvre the original police file, police diaries and roznamcha entries and 25 weekly/periodical progress reports to cover up various material irregularities in the investigation.
Earlier, Director FIA Maqsood-ul-Hassan recorded his statement and filed various relevant documents and stated that the FIA investigation team headed by Khalid Qureshi had collected the relevant documents from cabinet division and ministry of law, justice and human rights.
The investigation team had authorised an FIA official Khalid Rasool to collect the documents from said departments and two letters had been written to cabinet division and ministry of law and justice on December 02 and December 04 respectively, he added.
Maqsood said he was made the member of the investigative team on July 27, 2013. Later, letters were written to the presidency, prime minister secretariat, law division, cabinet division and other relevant institutions to provide all the documents regarding the enforcement of November 3 emergency.
Maqsoodul Hassan informed the court that documents including the directives of PCO from the PM secretariat, enforcement of emergency, notification for the former president to keep two offices, and appointment of former Chief Justice Abdul Hameed Dogar have already been supplied.
Farogh Naseem contended that the transcript of the speech was not according to original speech of Musharraf and there were some changes in it. Justice Faisal Arab said if there would be variation in the transcript then that could be corrected and directed the registrar to make arrangements to play Pervez Musharraf's speech in the courtroom today (Thursday).
Akram Sheikh informed the court that FIA does not maintain the roznamcha and also no FIR was registered against Musharraf in any police station but the federal government has filed private complaint for the trail of the ex-COAS. The hearing was adjourned till Thursday.