ISLAMABAD - The federal secretary interior didn’t find former COAS, CJCSCC, ex-Corps Commanders, Prime Minister and his cabinet and PCO judges as collaborators, aiders, abettors or conspirators in the imposition of 3rd November 2007 Emergency by former President Pervez Musharraf.
On the third consecutive day while cross examining Secretary Interior Shahid Khan, lead defence counsel, made utmost efforts to establish that former Chief of Army Staff, ex-Chairman of Joint Chiefs of Staff Committee, ex-Corps Commanders, former Prime Minister Shaukat Aziz and his cabinet members, members of National Assembly from 2002 to 2007, Hameed Dogar and other PCO were collaborators, aiders, abettors or conspirators of Proclamation of Emergency as they did not protest or record dissent note.
However, the secretary denied their involvement of other persons in imposing of Emergency and Provisional Constitutional Order because the Joint Investigation Team of FIA did not find specific evidence against any other person except Musharraf for violating the Article 6 of the Constitution.
He said: “It is incorrect to suggest that the Proclamation of Emergency was issued after the consultation with Prime Minister Shaukat Azaz, his cabinet members and other functionaries.” “No other person, except Musharraf, was implicated in the high treason case as inquiry report did not specifically identified any other persons as violator of Article 6 of Constitution, therefore, it is inappropriate to consider them as abettors, conspirators, aiders or collaborators,” he told the Special Court .
The secretary seemed tired as due to standing in the last two days he had back pain, therefore, during the proceeding on Thursday he replied the queries sitting in the dock.
Musharraf’s counsel Farogh showed having good stamina, therefore, he continued to question the secretary while standing with other members of his team. He inquired why no action was taken against the PCO judges, including Justice (retd) Hameed Dogar, and other two cabinet members of the then PM Shaukat Aziz. He said Shaukat on 4th July 2007 in the presence of his cabinet members, including Zahid Hamid, Tariq Azeem and Durrani, made a statement on TV supporting the 3rd November emergency . However, the secretary replied that he did not watch the programme.
The secretary informed that the FIA team through focal person of Ministry of Defence made efforts to record the statements of ex-COAS, CJCSC and ex-Corps Commanders but their efforts did not materialize. He admitted that under the federal Rules of Business former dictator Pervez Musharraf also fell in the ambit of the Ministry of Defence, adding the complaint of high treason was lodged against him as he had issued the order for Proclamation of Emergency .
The court is no mood to prolong the cross-examination because when Akram Sheikh said the questions and the answers should be recorded separately for the clarity purpose Justice Faisal Arab said it would too much time and they don’t want cross-examination be continued for six months.
Farogh Naseem provided the list of the parliamentarians who were members of the National Assembly that passed resolution on 7th November 2007 in support of the Emergency in lower house of the parliament. At that moment Farogh Naseem became emotional and asked the secretary in high tone “Tell me why have you not taken action against them.” You have contradicted your statement in para 12 of complaint. However, Shahid Khan replied it is untrue as National Assembly resolution of 44th Session has endorsed and affirmed the emergency while he stated that the parliament did not validate and indemnify the emergency .
The defence counsel confronted the secretary with numbers of secret documents like minutes of the meeting of 4th November 2007 and others.
He said that there was no need of recording the statements of Governors of other two provinces, as the FIA inquiry report was conclusive. Sindh Governor Ishratul Abad and former Punjab Governor Khalid Maqbool had given their statement to the FIA investigation team.
He informed that the JIT report did not provide any record that showed that former Prime Minister Shaukat Aziz was consulted before imposition of emergency . He said that he did not have any justification to ask the FIA team to investigate the ex-PM about emergency . He said the then prime minister’ 30 pages letter reported in the Supreme Court judgment in SHCBA case, was in his knowledge when the complaint was prepared against Musharraf.
The hearing was adjourned till 2nd July. On the next date too the defence team would cross-examine the secretary interior.