ISLAMABAD - No summary or advice was tendered to General (retd) Pervez Musharraf for Proclamation of Emergency on 3rd November 2007 in the country.
Khalid Qureshi, head of Federal Investigative Agency (FIA) team, told a three-judge Special Court that the investigation team was not looking for any summary as the witnesses had told that no such summary and advice exists.
During the cross-examination, Khalid seemed little tense and, therefore, continued to wipe out his sweat though the courtroom was chill as the air-conditions were on. The defence counsel Farogh Naseem complained: "I have been disturbed by the other side (prosecutor), as on every question the prosecution side interrupts me." Akram Sheikh said if the defence counsel is perturbed because of him then he would go out of the courtroom.
On a question of defence counsel, Khalid Qureshi, Additional DG FIA, said former Attorney General for Pakistan Malik Qayyum, the then Principal Secretary to Law and Justice Division Justice (retd) Mian Muhammad Ajmal and ex-Cabinet Secretary Masood Alam Rizvi in their statements told the team that no summary or advice was tendered to Pervez Musharraf for imposition of the emergency.
Khalid said the investigation was carried out strictly on the basis of evidence collected during the inquiry. He informed that Maqsood ul Hassan, a member of the FIA inquiry team, told him that he approached the focal persons at Prime Minister Secretariat for procuring ex-PM Shaukat Aziz letter written on 3rd November 2007 but were told the letter was not available at the Secretariat.
The defence counsel objected to it saying how Khalid Qureshi could say this thing on behalf of Maqsood ul Hassan. However, the court said the legal implication of the letter could be discussed at the time of argument.
Khalid told that the FIA inquiry team did not refer Shaukat Aziz's 3rd November 2007 letter because its contents showed that the prime minister did not advise Musharraf to impose emergency, adding whatever the actions taken by the prime minister and other functionaries after 3rd November 2007 were only the compliance of the orders.
The case hearing was adjourned till Wednesday.
IHC OBJECTS TO PETITION AGAINST HASHMI BY-POLL CONTEST
The Islamabad High Court (IHC) registrar office Tuesday raised objections over a writ petition in which a petitioner has challenged the candidature of Makhdoom Javed Hashmi for contesting the by-polls to be held in NA-149 Multan on October 16.
It is likely that Javed Hashmi will contest the by-elections after he has resigned from the same seat following a press conference and a speech in the joint session of the Parliament. Petitioner Muhammad Afzal argued before the court that Hashmi may be barred from contesting the polls after declaring ineligible.
He said that in his press conference, Makhdom Javed had made allegations against Pakistan army and judiciary that brought a bad name to the two prestigious institutions. Therefore, the petitioner prayed to the court to declare Hashmi disqualified for contesting the elections. However, the registrar office of IHC has raised objections over the petition that the petitioner has no locus standi or he is not directly an aggrieved person. Secondly the petitioner can avail an alternate remedy by filing an application before the Election Commission of Pakistan (ECP).