ISLAMABAD - Former President General (Retd) Pervez Musharraf on Wednesday requested the Special Court to reframe charges against him in the treason case, as the old charges were framed without providing him necessary and relevant documents.

In a separate application, the court was prayed to provide necessary documents including minutes of the 44th session of the National Assembly dated 7.11.2007, list of the members of the cabinet, including advisors and attorney general of the federal government, governors, chief ministers, chief secretaries, home secretaries, inspector generals of police, members of the cabinet and provincial assemblies of all the four provinces, and the copy of the notification that replaced Gen Musharraf with General Ashfaq Pervaiz Kayani as chief of army staff.

In his reply to the prosecution application dated 14th May Musharraf prayed to the Court to reframe the charges against him in the treason case and to summon 10 witnesses listed in the prosecution petition.

“It is a procedural requirement of the law that the charge be reframed in terms of section 265-D as the old charges were framed without providing the accused with all the necessary and relevant documents, on the basis of which he made his plea,” said the reply filed through Barrister Farogh Naseem and Advocate Chaudhry Faisal Hussain.

Musharraf submitted that the witnesses, who have been named in the application in question, are under the control of the complainant (federation through secretary ministry of interior), therefore summons be issued for them by this Court.

They submitted that no reason has been disclosed as to why summons should not be issued to the individuals mentioned in the prosecution application, especially considering the fact that they have already been mentioned in the list of witnesses. They argued that it seems from the contents of the application, under consideration, that perhaps the witnesses mentioned therein are not ready and willing to assist the complainant.

Earlier, the prosecution on the court’s direction on May 14 provided copies of all the material pertaining to the investigation conducted by FIA regarding 3rd of November 2007 emergency to Musharraf’s counsel. The prosecution also submitted an application, which contained list of witnesses, with the pray to summon them. The Special Court for the purpose of recording the evidence adjourned the case till 22nd May.

In a separate application Musharraf pointed out that the joint investigation team (JIT) report reveals that out of the statements of 24 witnesses most of them are advisors, witnessing the seizure of documents, which can hardly be termed ‘important’.

The counsels said that they were able to lay its hands on a copy of the NA resolution, passed in its 44th Session on 7.11.07, in which the 3rd November emergency was unanimously endorsed. The counsels prayed to the court to summon these relevant documents.

The application said from 1st July 2007 till 3rd November 2007 Musharraf had met with the then governors, service chiefs, bureaucrats and politicians. Therefore the protocol section of the President’s House at Islamabad should be directed to submit before the Special Court all the daily programmes of the President from 1.7.2007 till 3.11.2007. It also requested that the in-charge security of the President’s House should submit the names/details of all the persons who have entered into and exited from the President’s House on these dates. The record of these dates should also be summoned from Army House because Musharraf was holding dual office, he prayed in the petition.

They demanded that the complainant should also produce the copy of the then Prime Minister Shaukat Aziz’s letter written to Musharraf, reproduced in PLD 2008 SC 176.

The counsels also said that Musharraf resigned from the office of the Chief of the Army Staff on 27.11.2007, after that Gen (Retd) Ashfaq Pervez Kiyani became army chief but did not take any step to lift the 3rd November emergency. Therefore, the court may summon the relevant official record with regard to exit and induction of new army chiefs in November 2007. The notification dated 15.12.2007 termed “Revocation of Proclamation of Emergency Order, 2007”, whereby the emergency of 3rd November 2007 was lifted.

The former president also sought the documents including: the names of the caretaker prime minister, members of the federal caretaker cabinet from November 2007 till 15.12.2007 and their present addresses; names of all the service chiefs and corps commanders as on 3.11.2007 and their present addresses; the list of the members of the cabinet, including its advisors and attorney general of the federal government on 3rd November 2007 along with their present addresses; and the names of the governors, chief ministers, chief secretaries, home secretaries, inspector generals of police, members of the cabinet and provincial assemblies of all the four provinces from 3.11.2007 to 15.12.2007 along with their present addresses.

Musharraf further prayed that this application be considered a notice under the relevant provisions of the Qanoon-e-Shahadat to the complainant to produce or offer the disclosure of these documents.