ISLAMABAD - General (Retd) Pervez Musharraf issued and signed proclamation of emergency on 3rd November 2007 in his capacity as chief of army staff with ulterior motives.
"The contents of proclamation of emergency were fabricated and concocted by Pervez Musharraf with ulterior motives, which are totally illegal, unwarranted and without legal basis," says the FIA inquiry team report submitted by the ministry of interior along with other documents and statements of 25 persons/officials before a three-judge Special Court on Wednesday.
The FIA report further stated that they had summoned Musharraf to join investigation on 12-11-2013 but he suddenly fell sick on that day with a 'low grade fever.' According the FIA findings, the former president's failure to record his statement was wilful. The team apprehended that due to lack of evidence in support of his defence Musharraf might attempt to leave the country therefore they had requested the interior ministry to place his name on exit control list (ECL).
During the proceeding, Prosecutor Akram Sheikh submitted a list of 10 witnesses to be called during proceedings. The list did not contain the name of interior secretary, therefore, Musharraf's counsel insisted that Interior Secretary Shahid Khan should be included in the list of witnesses.
Justice Faisal Arab remarked that the interior secretary would be the first to record his statement and if he failed to appear in the court the high treason case might be dismissed.
The persons whose statements were recorded during the investigation include Khalid Maqbool, former governor Punjab, Masood Alam Rizvi, former cabinet secretary, Mohsin Hafeez, former secretary to the president, Malik Qayyum, former attorney general, Sharif-ud-Din Pirzada, Musharraf's counsel in high treason case, Dr Ishratul Ebad, governor Sindh. Justice (Retd) Mian Ajmal, former principal secretary law division, Kamal Shah, former interior secretary, and Taufiq Asif, former President LHCBA, Rawalpindi bench.
They also submitted copies of the documents obtained from the ministry of law, justice and human right, cabinet division and Printing Corporation of Pakistan Press and PTV News Centre Islamabad and the joint investigation team (JIT) report. However, the FIA inquiry team despite appointment of Focal Officer Anzar Rizvi by the ministry of defence could neither obtain nor see the requisite documents from GHQ.
Almost all the persons/officials have stated that they did not have prior knowledge of 3rd November emergency. Lt Gen (Retd) Khalid Maqbool told the FIA team, "The claim of Pervez Musharraf that the emergency was issued after deliberation with prime minister and governor is incorrect."
Dr Ishratul Ebad said that in the last week of October 2007 Musharraf had summoned him along with other three provinces governors in Islamabad and in a meeting informed that in view of the difficult situation in the country the government was contemplating taking some measures which would be taken upon the advice of the then PM in accordance with the legal advice.
Sharif-ud-Din Pirzada told the inquiry team, "He neither prepared any summary, advice or report to General Pervez Musharraf regarding proclamation of emergency nor furnished it." The senior lawyer said Musharraf did not consult him.
Malik Qayyum, former attorney general for Pakistan, said Musharraf neither discussed proclamation of emergency with him nor sought his advice.
Mian Muhammad Ajmal said, "Musharraf neither received any input from him nor from the Law Division. I signed a prepared summary presented to me in Law Division by my private secretary Ghulam Rasool." Rasool's version is that no summary/advice or recommendation of emergency originated from secretary law office on or before 3rd November.
Masud Alam Rizvi clarified that prime minister's signature was required for any advice to president on constitutional matter. "During my tenure the PM forwarded no such advice regarding emergency." He also told that the issues raised in the proclamation of emergency were neither discussed in the federal cabinet nor a summary in that regard was forwarded by the PM to the president.
According to the statement of Mohsin Hafeez, proclamation 3rd November emergency was issued by Musharraf in his capacity as chief of army staff, hence president secretariat had nothing to do with the emergency. He also denied sending copy of proclamation to the cabinet secretary.
Khalid Saeed told the FIA team that no official meeting was held between Shaukat Aziz and Musharraf before issuance of emergency. He said that according to his best of knowledge, the PM Office did not receive any report, evidence or document from ministry of law against the conduct of judges of Supreme Court. The former secretary interior claimed that he did not even receive the notification of 3rd November 2007 emergency.
The prosecution in their application argued that they reserve the right for the examination of any other witness or the production of any other document relevant to the charge at any stage of proceedings.
The hearing of the case has been adjourned till May 22 and on this date the interior secretary would record his statement.