Interior secretary says evidence not found against generals other than Musharraf, who imposed emergency in his personal capacity
During the hearing of former president Gen (r) Pervez Musharraf’s treason case in Supreme Court (SC) on Thursday, Interior Secretary Shahid Khan cleared the rest of the Pakistan Army from the charges saying that Musharraf ordered imposition of emergency in his personal capacity.
As a three member SC led by Justice Faisal Arab and comprising Justice Tahira Safdar and Justice Yawar Ali took up case for hearing, Musharraf’s counsel Barrister Farogh Nasim continued cross questioning the interior secretary, asking if the former dictator had consulted the then services chiefs and corps commanders ahead of imposition of emergency.
The interior secretary said that no such evidence had been found in joint investigation team report that could lead to registering a case against other generals, adding that the investigation had only nominated Musharraf in the case.
Upon the defence lawyer’s query, Khan further told the court that joint investigation team of Federal Investigation Agency (FIA) had tried to record statements of the then services chiefs through Ministry of Defence but their statements could not be recorded.
Khan further said that it was correct that Article 6 was applied in case of an assistance to the treason act as per Sub Clause 2 of Article 7 of the Constitution but it was Musharraf alone who had been named as accused in FIA inquiry report.
Upon army men’s non-compliance over recording of statements, Nasim questioned the power of Ministry of Defence, asking if the army was not subordinate to the ministry.
Khan replied that armed forces were subordinate to the Ministry of Defence but army also had its own rules and regulations.
Earlier, Musharraf had claimed that he consulted joint staff chiefs and corps commander prior to imposing emergency.
Furthermore, defence counsel questioned as to why proceedings had not been initiated against the federal cabinet and the prime minister if they had accorded an approval to the November 3 emergency.
The interior secretary said they had an extended approval but Musharraf had issued the orders on his own; therefore action had not been taken against the cabinet members or prime minister.
Nasim also asked Khan why only Sindh and Punjab governors’ statements were taken, to which Khan stated that there was not enough material and legal recommendation for statements of the remaining two governors.
The hearing of the case was adjourned till July, 2.
