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Thursday, November 21, 2013
FIA has no ‘concrete evidence’ against MusharrafBy Hasnaat Malik
ISLAMABAD: The Federal Investigation Agency’s (FIA) inquiry committee has so for failed to collect concrete evidence against Pervez Musharraf.
One of the members of the FIA investigation team which was tasked with probing the high treason case, told Daily Times: “They have recorded the statements of many persons, directly or indirectly involved in the promulgation of November 3, 2007 emergency, but so far no concrete evidence could be collected against Pervez Musharraf regarding high treason.” The investigation officer also admitted that they could not collect solid evidences due to the non-cooperation of several officials during the investigation, saying the team had no power to compel them in this regard.
“There is need of special court’s assistance to get solid evidences in high treason case and we are filing a very brief complaint against the former army chief,” he added. A four-member FIA committee comprising Khalid Qureshi, Azam Khan, Hussain Asghar and Maqsoodul Hassan is collecting evidences against Musharraf in the treason case since July 3. Sources have said that the FIA team had not declared the former military dictator as lone accused in the treason case, and has mentioned ‘others’ in the complaint. They also said that despite sending three reminders, the defence secretary did not provide details of the meeting of core commanders of Pakistan Army in which the November 3, 2007 emergency was approved.
The FIA official said that they had intimated the Interior Ministry every week about the non-cooperation of the Defence Ministry but Interior Minister Chaudhry Nisar Ali Khan did not take any action in this regard. The sources also said that no FIR would be registered against Musharraf during the trial of that case. On the other hand, Attorney General of Pakistan Muneer A Malik has claimed that investigators have solid evidence against Musharraf in the high treason case and he might face capital punishment or life imprisonment.
Talking to newsmen at the Supreme Court building, the AGP said, “Once the private complaint is lodged by the interior secretary under rules, the notices would be issued and then the Federal Investigation Agency could arrest him.” He said there was a great likelihood of the former military ruler’s conviction. Meanwhile, it has been learnt that the AGP advised the federal government that instead of deciding the names of three judges for special court itself it should consult the chief justice of Pakistan, as there were five high courts in the country, while under section 4 of the Criminal Law Amendment (Special Courts) Act, 1976 the special court should comprise of three judges of high courts.
The jurists on Tuesday, while criticising the federal government’s move to ask Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to propose the names of three judges of the high courts for constituting a special court under the law, stated that the government should have set up the special court itself instead of requesting the CJP. The Law Ministry on November 18 sent a one-page letter to the Supreme Court requesting the chief justice of Pakistan to propose the names of judges for the special court. Justice Iftikhar, instead of deciding the names himself, asked the chief justices of all the high courts to nominate a judge of their respective court. On receiving the names from all the high courts the CJP sent them to the federal government for selection of three.
Out of the five nominees, the prime minister Tuesday nominated Justice Faisal Arab of the Sindh High Court, Justice Mohammad Yawar Ali Khan of the Lahore High Court and Justice Tahira Safdar of the Balochistan High Court for the special court. A three-member bench on July 3, 2013, in view of the federal government’s undertaking given on June 26, 2013, while disposing of the petitions that demanded registration of high treason case against Musharraf, directed the government to conclude the investigation without unnecessary delay.
Courtesy www.dailytimes.com.pk