ISLAMABAD - The federal interior secretary informed the Special Court that he had filed the complaint against former President General (retd) Pervez Musharraf on the basis of the investigation/inquiry conducted by the Federal Investigative Agency team.
The legal team of Musharraf, headed by Farogh Naseem, cross-examined Interior Secretary Shahid Khan, a complainant in the case, for hours. The defence counsels mostly asked legal questions rather than questions of facts of the case.
The secretary expressed ignorance about the legal provision, but confidently answered the questions of facts. “I am not aware of any SRO which authorizes any other officer except him to file the complaint on behalf of the federation,” replied Shahid Khan.
On the query whether there is any SRO or provision in the law that empowers the Prime Minister to give direction to the interior secretary to file the complaint , the secretary said the Prime Minister being the chief executive of the country can authorize to initiate investigation/inquiry into any matter including Article 6 of the Constitution, but said: “Not aware of the provision of SRO related to that matter.”
Shahid also told that he filed the complaint against Pervez Musharraf on the basis of the FIA report, which conducted the investigation/inquiry of the high treason under Article 6 of the Constitution. He said in all important cases the periodical progress reports are submitted to the PM, but doesn’t remember that in the instant case whether any periodical progress report is submitted to the PM.
He said apart from initiating investigation into the high treason case the PM also directs him for the investigation/inquiry into other matters like corruption, gas theft and law and order situation in Karachi.
Farogh Naseem, Musharraf’s counsel, who is also the Senator of MQM, cleverly asked from the secretary against which individuals the PM had sought investigation and inquiry reports into Karachi law and order case.
Shahid Khan instead of disclosing the names stated that he had filed the reports about the concerned functionaries.
He informed that the FIA team had submitted its investigation report to him and on the letter from the interior minister he filed the complaint in the Special Court against the accused (Musharraf). He presented the original letter dated 12-12-2013 on that basis the complaint was filed .
The letter that contained three pages numbered 30 to 32 was exhibited as 9/10. The defence counsel noted that the document exhibited as 9/10 also has pages prior to it and after it. The secretary told that the whole document comprises 72 pages and there are 1 to 29 pages prior to it and after it there are pages from 33-72. He also exhibited other pages which are continuation of the letter dated 12-12-2013. The copies of others (1-29 and 33-72) pages were supplied to Musharraf’s counsels. The secretary also filed the annexure mentioned in the letter.
Farogh Naseem observed that the document exhibited as 9/10 did not have decision for filing complaint . The secretary denied it and said the para 120 of the letter has the decision and on the basis of that letter the complaint was filed . The defence counsel observed that for the first time this document was supplied to him as it would create new dimensions.
The case was adjourned till today.