shahid rao

islamabad

The Islamabad High Court yesterday issued notices to respondents in a petition moved by the federal government seeking expunction of remarks by an IHC bench about defective investigation by Federal Investigation Agency in the high treason case under Article 6 against former President General (Retd) Pervez Musharraf.

A division bench of IHC comprising Justice Noor-ul-Haq N Qureshi and Justice Athar Minallah issued notices to Musharraf, former PM Shaukat Aziz, former SC Judge Abdul Hameed Dogar and then Law Minister Zahid Hamid and directed them to submit their replies.

In this regard, the federal government through an additional attorney general (AAG) has sought expunction of remarks by an IHC bench regarding defective investigation by the FIA in high treason case. It was November 10, 2015 when an IHC division bench through a detailed judgement had set aside the November 21, 2014 order of the Special Court where it (the special court) by majority decision had directed the federal government to include more names including Hamid, Dogar and Aziz as abettors.

In the November 10, 2015 verdict, Justice Noor-ul-Haq Qureshi and Justice Aamer Farooq had severally admonished the federal government and its FIA for poor investigation of the case and directed for reinvestigation. Moreover the court had reminded the investigation agency regarding consequences it could face for wilful negligence in conducting poor investigation. On Tuesday, AAG Afnan Karim Kundi requested the court to expunge remarks regarding defective investigation as the SC has already declared that the nomination of accused in article 6 case is the power vested with the federal government.

Regarding the defective investigation, the IHC judgement dated November 10, 2015 had noted, “We are conscious of the fact that by seeking disposal of the petitions, the federal government admitted such their defective investigation, which they did not concluded as prescribed by law that is why all these issues have been raised. As a result now the federal government is willing to get the case reinvestigated. Under such an eventuality this court observes that the legal course is necessary to be adopted for investigation.”

The IHC bench had further noted, “For the investigation it is made clear now to come up the repercussions of the defective investigation are to be followed by the court or the officers conducting investigation even to face consequences as defined in Pakistan Penal Code (PPC).” The bench had noted, “It amounts to criminal misconduct as defined under section 5 of the prevention of corruption act 1947.”