ISLAMABAD - It is incorrect that Prime Minister Nawaz Sharif had directed for investigation and inquiry only against Pervez Musharraf for proclamation of emergency on 3rd November 2007.
“The Prime Minister or the cabinet did not direct for filing of complaint but it was lodged on the basis of the Federal Investigative Agency (FIA) investigation report and the approval for it was given by Interior Minister,” Shahid Khan Secretary Interior told the Special Court on Wednesday.
Shahid Khan said in view of the FIA team report no action was taken against others as there was no material and also the FIA report did not specifically identify any person as facilitators, abettor or aiders or collaborator of the 3rd November 2007 emergency .
On the second day also Pervez Musharraf’s legal team cross-examined the federal interior secretary, who is the complainant in the case, according to the SRO issued in 1994. Farogh Naseem thorough his questions tried to puzzle the secretary but he remained calm and confidently answered them.
He said under the SRO issued in 1994 the federal interior secretary is competent to file the complaint of high treason in the Special Court against the persons, who had violated the Article 6. The secretary admitted that Article 12 (2) of Constitution empowers him to file the cases against the persons who had violated the Constitution since 23rd March 1956, but did have time to contemplate and also there was no investigation report or material in that regard before him.
The first reason for proceeding against Musharraf was that “I received the inquiry report and the litigations were pending against the former president in the Supreme Court and High Courts,” and added before taking over the charge as interior secretary by him in October 2013 the investigation was ordered by his predecessor.
He said though General (retd) Pervez Musharraf’s 12th October 1999 action was also the violation of Article 6 of the Constitution but the facts of that action were not placed before him. He said General Ziaul Haq’s 5th July 1977, General Yahya Khan and General Ayub Khan Martial Laws also fall under the violation of Article 6, but no inquiry had been conducted by FIA in those actions.
Shahid Khan also accepted that the storming of Supreme Court in 1997 by the Pakistan Muslim League-Nawaz workers was the violation of the constitution but as not facts were placed before him therefore he could not pass a judgment on that action.
The secretary informed that the federal government has complied with the apex court’s order (03-07-2013) and the letter was written to the interior ministry to constitute a team of FIA for investigation/inquiry against Pervez Musharraf to the satisfaction of the Supreme Court order. He, however, acknowledged that for filing of complaint under Article 6 there was no need of the apex court order.
The secretary informed that the draft of complaint was prepared by many officers of the ministry but the final approval of it was given by him after considering all the documents submitted before this court .
He said that the incident of 3rd November 2007 took prior to the 18th Amendment and the complaint was lodged according to the changes made in the Article 6 of the Constitution due to 18th Amendment.
He said once the FIA submits it final report after conducting investigation then the second investigation could not be initiated without the sanction by the competent authority. In this case after submitting the report by FIA there was no need of second inquiry. The hearing was adjourned till today. Farogh Naseem hopefully would finish cross-examining the secretary.